§ 45-21-41.1. Municipality payment of member contributions.
(a) Each municipality, pursuant to the provisions of 26 U.S.C. § 414(h)(2) of the United States Internal Revenue Code, may, pursuant to appropriate legal action by the municipality, pick up and pay the contributions which would be payable by the employees as members under § 45-21-41. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code; however, each municipality shall continue to withhold federal and state income taxes based upon these contributions until the Internal Revenue Service rules that pursuant to 26 U.S.C. § 414(h)(2) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until the time they are distributed. Employee contributions which 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 municipality 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 the employee’s contributions picked up by the employee’s municipal employer. This deduction, however, shall not reduce the employee’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter. Picked up contributions shall be submitted to the retirement system in accordance with the provisions of § 45-21-41 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) Every employer 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.
(d) The liability of an employer who fails to segregate the trust funds, or refuses to deduct and withhold member contributions from its employees, is enforceable by the retirement board through an appropriate action in the superior court. The general treasurer is also authorized to deduct the amount due from any money due the employer from the state.
History of Section.P.L. 1983, ch. 137, § 4; P.L. 2019, ch. 205, § 9; P.L. 2019, ch. 271, § 9.
Structure Rhode Island General Laws
Chapter 45-21 - Retirement of Municipal Employees
Section 45-21-1. - Purpose of chapter.
Section 45-21-2. - Definitions.
Section 45-21-3. - Effective date of operations.
Section 45-21-4. - Acceptance by municipalities — Effective date.
Section 45-21-5. - Procedure for withdrawal of municipality.
Section 45-21-6. - Settlement on withdrawal from system.
Section 45-21-7. - Liability of municipalities — Enforcement.
Section 45-21-8. - Membership in system.
Section 45-21-8.1. - Exclusion of elected city, town council or other elected members.
Section 45-21-10. - Information furnished as to members — Classification.
Section 45-21-11. - Cessation of membership.
Section 45-21-12. - Statements as to prior service.
Section 45-21-12.1. - Credit for service as a teacher or state employee.
Section 45-21-13. - Verification of prior service.
Section 45-21-14. - Computation of years of service.
Section 45-21-14.1. - Repealed.
Section 45-21-14.2. - Leave of absence credits.
Section 45-21-15. - Prior service certificate.
Section 45-21-16. - Retirement on service allowance.
Section 45-21-16.1. - Repealed.
Section 45-21-16.2. - Electronic funds transfer.
Section 45-21-17. - Service retirement allowance.
Section 45-21-17.2. - Social security supplemental option.
Section 45-21-18. - Deferred allowance on service retirement before minimum age.
Section 45-21-19. - Retirement for ordinary disability.
Section 45-21-20. - Ordinary disability allowance.
Section 45-21-21. - Retirement for accidental disability.
Section 45-21-22. - Accidental disability allowance.
Section 45-21-23. - Periodical examination of disability annuitants — Placement on employment lists.
Section 45-21-25. - Accidental death benefits.
Section 45-21-26. - Ordinary death benefits.
Section 45-21-27. - Benefit on death of retired employee.
Section 45-21-28. - Refund of contributions on cessation of membership.
Section 45-21-29. - Repayment of refunded contributions — Reinstatement of service credit.
Section 45-21-30. - Optional benefits on service retirement.
Section 45-21-31. - Offset of workers’ compensation or personal injury recovery.
Section 45-21-32. - Retirement system established as corporation — Management.
Section 45-21-33. - Information furnished by municipalities.
Section 45-21-34. - Annual report and statement.
Section 45-21-35. - Legal adviser — General treasurer — Executive director — Assistant director.
Section 45-21-36. - Clerical and professional assistance — Appropriations and disbursements.
Section 45-21-37. - Vouchers for payment of benefits.
Section 45-21-38. - Receipt of contributions — Investment of funds.
Section 45-21-39. - Credit of interest.
Section 45-21-40. - Improper interest in investments of board.
Section 45-21-41. - Members’ contributions — Payroll deductions — Certification to board.
Section 45-21-41.1. - Municipality payment of member contributions.
Section 45-21-42. - Contributions by municipalities.
Section 45-21-42.2. - Fiscal impact of proposed legislation impacting the retirement system.
Section 45-21-43. - Accounts and records — Reserve accounts.
Section 45-21-43.1. - Actuarial cost method.
Section 45-21-44. - Guaranties by municipalities — Adjustment of contribution rates.
Section 45-21-45. - Tax exemption.
Section 45-21-46. - Forfeiture for fraudulent claims.
Section 45-21-47. - Reserved power to amend or repeal — Vested rights.
Section 45-21-48 - — 45-21-50. Repealed.
Section 45-21-51.1. - Optional annuity protection — Election of option by member.
Section 45-21-52. - Automatic increase in service retirement allowance.
Section 45-21-53. - Armed service credit.
Section 45-21-54. - Reemployment of retired members.
Section 45-21-55. - Retired members of the town of Warren.
Section 45-21-56. - Credit for other municipal service.
Section 45-21-57. - Life insurance benefits.
Section 45-21-58. - Credits for layoffs.
Section 45-21-59. - Effect of deferral and/or reduction of salary.
Section 45-21-60. - Pensioners and beneficiaries of Plan No. 3023 — Town of North Kingstown.
Section 45-21-61. - Purchase of credit while serving a prison sentence — Prohibited.
Section 45-21-62. - Purchase of credits for continuous municipal service.
Section 45-21-63. - Health insurance coverage of retired municipal employees.
Section 45-21-64. - Purchase of service credits payable by installment.
Section 45-21-65. - Other post-employment benefits — OPEB trusts.
Section 45-21-66. - Severability.
Section 45-21-67. - Central Falls retirees — Settlement agreement.