Rhode Island General Laws
Chapter 36-10 - Retirement System — Contributions and Benefits
Section 36-10-10. - Amount of service retirement allowance.

§ 36-10-10. Amount of service retirement allowance.
(a)(1)(i) For employees eligible to retire on or before September 30, 2009, upon retirement for service under § 36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A below for service prior to July 1, 2012:




(ii) For employees eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement from service under § 36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012.
(2) Upon retirement for service under § 36-10-9, a member whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall, receive a retirement allowance which shall be determined in accordance with Schedule B below for service prior to July 1, 2012:




(b) The retirement allowance of any member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation payable at completion of thirty-five (35) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009 the calculation shall be based on the average highest five (5) consecutive years of compensation. Any member who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until his or her retirement.
The retirement allowance of any member whose membership commenced after July 1, 2005, or who had not completed at least ten (10) years of contributory service as of July 1, 2005, shall, be in an amount equal to the percentage allowance specified in Schedule B of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation payable at the completion of thirty-eight (38) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation.
(c) Any member with thirty-eight (38) years or more of service prior to December 31, 1985, shall not be required to make additional contributions. Contributions made between December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs, administrators, or legal representatives.
(d) For service prior to July 1, 2012, the retirement allowance of a member shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012, a member’s retirement allowance shall be equal to:
(i) For members with fewer than twenty (20) years of total service as of June 30, 2012, one percent (1%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1 2012; and
(ii) For members with twenty (20) or more years of total service as of June 30, 2012, a member’s retirement allowance shall be equal to one percent (1%) of the member’s average compensation multiplied by the member’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1, 2015. For purposes of computing a member’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012.
In no event shall a member’s retirement allowance exceed the maximum limitations set forth in paragraph (b) above.
History of Section.P.L. 1984, ch. 12, § 2; P.L. 1985, ch. 331, § 2; P.L. 1986, ch. 542, § 1; P.L. 1987, ch. 35, § 1; P.L. 1987, ch. 354, § 1; P.L. 1987, ch. 605, § 1; P.L. 2005, ch. 117, art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch. 409, § 7; P.L. 2015, ch. 141, art. 21, § 5.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 36 - Public Officers and Employees

Chapter 36-10 - Retirement System — Contributions and Benefits

Section 36-10-1. - Member contributions — Deduction from compensation.

Section 36-10-1.1. - Department payment of member contributions.

Section 36-10-2. - State contributions.

Section 36-10-2.1. - Actuarial cost method.

Section 36-10-3. - Credits to individuals in annuity savings account.

Section 36-10-4. - Credits and charges to contingent reserve account.

Section 36-10-5. - Repealed.

Section 36-10-6. - Agreements for federal contributions.

Section 36-10-7. - Guaranty by state — Annual appropriations.

Section 36-10-8. - Refund of contributions — Repayment and restoration of credits.

Section 36-10-9. - Retirement on service allowance — In general.

Section 36-10-9.1. - Retirement on service allowance — Legislators.

Section 36-10-9.2. - Retirement on service allowance — Correctional officers.

Section 36-10-9.3. - Retirement on service allowance — Registered nurses.

Section 36-10-9.4. - Post-retirement service as legislator.

Section 36-10-9.5. - Repealed.

Section 36-10-9.6. - Aeronautics inspectors — Retirement.

Section 36-10-9.7. - Electronic funds transfer.

Section 36-10-10. - Amount of service retirement allowance.

Section 36-10-10.1. - Amount of service retirement allowance — Legislators.

Section 36-10-10.2. - Amount of service retirement allowance — Correctional officers.

Section 36-10-10.3. - Social security supplemental option.

Section 36-10-10.4. - Effect of deferral and/or reduction of salary.

Section 36-10-11. - Service allowance to member withdrawing from service before retirement age.

Section 36-10-12. - Retirement for ordinary disability.

Section 36-10-13. - Amount of ordinary disability benefit.

Section 36-10-14. - Retirement for accidental disability.

Section 36-10-15. - Amount of accidental disability benefit.

Section 36-10-16. - Disability benefits pending final decision on application.

Section 36-10-17. - Reexamination of disability beneficiaries — Reduction of benefit — Reinstatement to active service.

Section 36-10-18. - Optional benefits.

Section 36-10-19. - Persons eligible for optional benefits — Time of election — Modification or revocation — Effective date.

Section 36-10-19.1. - Optional annuity protection — In service.

Section 36-10-20. - Accidental death benefits.

Section 36-10-21. - Ordinary death benefit.

Section 36-10-22. - Retention of death benefit coverage by general assembly member not reelected.

Section 36-10-23. - Benefit payable on death after retirement.

Section 36-10-23.1. - Benefit payable on death of retired legislator.

Section 36-10-24. - Person to whom death benefit payable.

Section 36-10-25 - — 36-10-30. Repealed.

Section 36-10-31. - Deduction of amounts received from workers’ compensation or as damages.

Section 36-10-32. - Tax exemption.

Section 36-10-33. - Penalty for fraudulent claim or statement.

Section 36-10-34. - Exemption of benefits and contributions from attachment.

Section 36-10-35. - Additional benefits payable to retired employees.

Section 36-10-35.1. - One time adjustment to original retirement allowances.

Section 36-10-36. - Post-retirement employment.

Section 36-10-36.1. - Post-retirement employment related to COVID-19.

Section 36-10-37. - Retirement benefits for certain general state officers.

Section 36-10-38. - Combined service credits of general state officers.

Section 36-10-39. - Fiscal impact of proposed legislation impacting the retirement system.

Section 36-10-40. - Domestic partner — Definition.