§ 42-28-22 - Retirement of members.
SECTION 42-28-22
§ 42-28-22 Retirement of members. –(a) Whenever any member of the state police hired prior to July 1, 2007 hasserved for twenty (20) years, he or she may retire therefrom or he or she maybe retired by the superintendent with the approval of the governor, and ineither event a sum equal to one-half (1/2) of the whole salary for the positionfrom which he or she retired determined on the date he or she receives his orher first retirement payment shall be paid him or her during life.
(b) For purposes of this section, the term "whole salary"means:
(1) For each member who retired prior to July 1, 1966, "wholesalary" means the base salary for the position from which he or she retired asthe base salary for that position was determined on July 31, 1972;
(2) For each member who retired between July 1, 1966 and June30, 1973, "whole salary" means the base salary for the position from which heor she retired as the base salary, implemented by the longevity increment, forthat position was determined on July 31, 1972 or on the date of his or herretirement, whichever is greater;
(3) For each member who retired or who retires after July 1,1973 "whole salary" means the base salary, implemented by the longevityincrement, holiday pay, and clothing allowance, for the position from which heor she retired or retires.
(c) Any member who retired prior to July 1, 1977 shallreceive a benefits payment adjustment equal to three percent (3%) of his or heroriginal retirement, as determined in subsection (b) of this section, inaddition to his or her original retirement allowance. In each succeeding yearthereafter during the month of January, the retirement allowance shall beincreased an additional three percent (3%) of the original retirementallowance, not compounded, to be continued until January 1, 1991. For thepurposes of the computation, credit shall be given for a full calendar yearregardless of the effective date of the service retirement allowance. Forpurposes of this subsection, the benefits payment adjustment shall be computedfrom January 1, 1971 or the date of retirement, whichever is later in time.
(2) Any member of the state police who retires pursuant tothe provisions of this chapter on or after January 1, 1977, shall on the firstday of January, next following the third anniversary date of the retirementreceive a benefits payment adjustment, in addition to his or her retirementallowance, in an amount equal to three percent (3%) of the original retirementallowance. In each succeeding year thereafter during the month of January, theretirement allowance shall be increased an additional three percent (3%) of theoriginal retirement allowance, not compounded, to be continued until January 1,1991. For the purposes of the computation, credit shall be given for a fullcalendar year regardless of the effective date of the service retirementallowance.
(3) Any retired member of the state police who is receiving abenefit payment adjustment pursuant to subdivisions (1) and (2) of this sectionshall beginning January 1, 1991, receive a benefits payment adjustment equal tofifteen hundred dollars ($1,500). In each succeeding year thereafter during themonth of January, the retirement allowance shall be increased by fifteenhundred dollars ($1,500) to be continued during the lifetime of the member.
(d) The benefits payment adjustment as provided in thissection shall apply to and be in addition to the retirement benefits under theprovisions of § 42-28-5, to the injury and death benefits under theprovisions of § 42-28-21, and to the death and disability payments asprovided in § 42-28-36.
(e) Any member who retires after July 1, 1972 and who hasserved beyond twenty (20) years shall be allowed an additional amount equal tothree percent (3%) for each completed year served after twenty (20) years, butin no event shall the original retirement allowance exceed sixty-five percent(65%) of his or her whole salary as defined in subsection (b) hereof orsixty-five percent (65%) of his or her salary as defined in subsection (b)hereof in his or her twenty-fifth (25th) year whichever is less.
(2) Each member who retired prior to July 1, 1975, shall beentitled to all retirement benefits as set forth above or shall be paidbenefits as set forth in subdivision (b)(1) with "whole salary" meaning thebase salary for the position from which he or she retired as the base salaryfor the position was determined on July 1, 1975, whichever is greater.
(f) Any member who retires, has served as a member for twenty(20) years or more, and who served for a period of six (6) months or more ofactive duty in the armed service of the United States or in the merchant marineservice of the United States as defined in § 2 of chapter 1721 of thePublic Laws, 1946, may purchase credit for such service up to a maximum of two(2) years; provided that any member who has served at least six (6) months ormore in any one year shall be allowed to purchase one year for such service andany member who has served a fraction of less than six (6) months in his or hertotal service shall be allowed to purchase six (6) months' credit for suchservice.
(2) The cost to purchase these credits shall be ten percent(10%) of the member's first year salary as a state policeman multiplied by thenumber of years and/or fraction thereof of such armed service up to a maximumof two (2) years. The purchase price shall be paid into the general fund.
(3) There will be no interest charge provided the membermakes such purchase during his or her twentieth (20th) year or within five (5)years from May 18, 1981, whichever is later, but will be charged regular rateof interest as defined in § 36-8-1 as amended to date of purchase from thedate of his or her twentieth (20th) year of state service or five (5) yearsfrom May 18, 1981, whichever is later.
(4) In no event shall the original retirement allowanceexceed sixty-five percent (65%) of his or her whole salary as defined insubsection (b) hereof or sixty-five percent (65%) of his or her salary asdefined in subsection (b) hereof in his or her twenty-fifth (25th) year,whichever is less.
(g) The provisions of this section shall not apply tocivilian employees in the Rhode Island state police; and, further, from andafter April 28, 1937, chapters 8 – 10, inclusive, of title 36 shall not beconstrued to apply to the members of the Rhode Island state police, except asprovided by §§ 36-8-3, 36-10-1.1, 42-28-22.1, and 42-28-22.2.
(h) Any other provision of this section notwithstanding, anymember of the state police other than the superintendent of state police, whois hired prior to July 1, 2007 and who has served for twenty-five (25) years orwho has attained the age of sixty-two (62) years, whichever shall first occur,shall retire therefrom.
(i) Any other provision of this section notwithstanding, anymember of the state police, other than the superintendent, who is hired on orafter July 1, 2007 and who has served for twenty-five (25) years, may retiretherefrom or he or she may be retired by the superintendent with the approvalof the governor, and shall be entitled to a retirement allowance of fiftypercent (50%) of his or her "whole salary" as defined in subsection (b) hereof.
(2) Any member of the state police who is hired on or afterJuly 1, 2007 may serve up to a maximum of thirty (30) years, and shall beallowed an additional amount equal to three percent (3.0%) for each completedyear served after twenty-five (25) years, but in no event shall the originalretirement allowance exceed sixty-five percent (65%) of his or her "wholesalary" as defined in subsection (b) hereof.
(j) In calculating the retirement benefit for any member, theterm base salary as used in subdivision (b)(3) shall not be affected by adeferral of salary plan or a reduced salary plan implemented to avoid shutdownsor layoffs or to effect cost savings. Basic salary shall remain for retirementcalculation that which it would have been but for the salary deferral or salaryreduction due to a plan implemented to avoid shutdowns or layoffs or to effectcost savings.