§ 36-7-10 - Retirement system defined.
SECTION 36-7-10
§ 36-7-10 Retirement system defined.– (a) A retirement system for the purposes hereof shall mean any annuity,pension, or retirement fund or system established by state law or by action ofa city, town, or agency of the state. Pursuant to § 218(d)(6) of thefederal Social Security Act, 42 U.S.C. § 418, the employees retirementsystem of the state of Rhode Island created by chapters 8 to 10 of this title,shall, for the purposes of §§ 36-7-1 – 36-7-31 be deemed toconstitute a separate retirement system with respect to the state and aseparate retirement system with respect to each city or town having positionscovered thereby.
(b) Effective as of the date § 218(d)(6) of the SocialSecurity Act, as amended by public law 880, 84th congress, is made applicableto the state of Rhode Island, the separate retirement system established by thepreceding sentence with respect to the state, and the separate retirementsystems established by that sentence with respect to each city or town shall,for the purposes of this chapter, also be deemed to constitute two (2)retirement systems with respect to the state, and in the case of any the cityor town, two (2) retirement systems with respect to the city or town, one ofwhich is composed of the positions of members of that system who have expressedtheir desire to be covered under the Social Security Act, 42 U.S.C. § 301et seq., and all individuals becoming members of that system after the datecoverage under the Social Security Act is extended, and the other of which iscomposed of the positions of members who have not expressed a desire for thatcoverage.
(c) In case of such division of a system in accordance withthe desire of the members thereof, the position of any member of the deemedsystem composed of the positions of members who did not express a desire to becovered under the Social Security Act may be transferred in the manner and tothe extent permitted by § 218(d) of the Social Security Act to the deemedsystem composed of the positions of members who did express to be so covered.
(d) Further, in case of such division of a system, anindividual who is in a position covered by that retirement system and who isnot a member thereof, but who is eligible to be a member, shall be consideredto be a member, and social security coverage shall be obtained for thatindividual to the extent permitted by § 218(d)(6)(E) of the SocialSecurity Act.
(e) Nothing in this chapter shall prevent the coverage underthe Social Security Act of members of the state employees' retirement system inaccordance with a vote held under § 218(d)(7) of the Social Security Act.