§ 36-10-1.1. Department payment of member contributions.
(a) Each department, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code, 26 U.S.C. § 414(h)(2), shall pick up and pay the contributions that would be payable by the employees as members under §§ 36-10-1, 8-3-16, 8-8-10.1, 8-8.2-7, 28-30-18.1, and 42-28-22.1. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code; and shall not be included as gross income of the employee until such time as they are distributed. Employee contributions that are picked up pursuant to this section shall be treated and identified as member contributions for all purposes of the retirement system except as specifically provided to the contrary in this section.
(b) Member contributions picked up by a department shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from a member’s compensation equal to the amount of his or her contributions picked up by his or her departmental employer. This deduction, however, shall not reduce his or her compensation for purposes of computing benefits under the applicable retirement system. Picked up contributions shall be transmitted to the retirement system in accordance with the provisions of § 36-10-1, on the date contributions are withheld but no later than three (3) business days following the pay period ending in which contributions were withheld.
(c) The state is required to deduct and withhold member contributions and to transmit same to the retirement system and is hereby made liable for the contribution. In addition, any amount of employee contributions actually deducted and withheld shall be deemed to be a special fund in trust for the benefit of the member and shall be transmitted to the retirement system as set forth herein.
History of Section.P.L. 1983, ch. 137, § 1; P.L. 1989, ch. 494, § 12; P.L. 2019, ch. 205, § 6; P.L. 2019, ch. 271, § 6.
Structure 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 36-10-6. - 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 36-10-18. - Optional benefits.
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.