Rhode Island Code of Regulations
Title 120 - Treasury Department
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations
Section 120-RICR-00-00-1.13 - Definitions for Use in Administration of the Employees' Retirement System of the State of Rhode Island and the Municipal Employees' Retirement System of the State of Rhode Island, Regarding R.I. Gen. Laws Chapter 45-21.2, and the Definitions of Police Official, Police Officer and Firefighter

Universal Citation: 120 RI Code of Rules 00 00 1.13

Current through September 18, 2024

A. Introduction

1. The Retirement Board of the Employees' Retirement System of the State of Rhode Island and the Municipal Employees' Retirement System of the State of Rhode Island, is vested with authority to establish Rules and Regulations for the administration and transaction of the business of the Retirement Systems, in connection with its management of the various retirement and pension plans that provide retirement, survivor and disability benefits for State employees, public school teachers, and participating municipal employees.

2. It is the intent of the Administrative Rules set forth herein to provide uniform definitions for use by the Retirement Board in administering and transacting the business of these Retirement Systems, and the various pension and retirement plans the Board is entrusted with managing.

3. Statutory References: R.I. Gen. Laws §§ 36-8-3; 45-21-32, 45-21.2-1, et seq.; and R.I. Gen. Laws § 16-16-1, et seq.

B. Definitions

1. Police Official, Police Officer

a. For purposes of R.I. Gen. Laws Chapter 45-21.2, entitled Optional Retirement for Members of Police Force and Fire Fighters, the terms "Police official" or "Police officer" shall mean those employees who meet the following criteria:

(1) Such employees must have successfully graduated from a recognized police academy; and

(2) Such employees must maintain all of the qualifications required during any period of employment in law enforcement in either a municipal or State department; and

(3) Such employees must be regular and permanent uniformed members of a municipal or State police force, and

(4) The primary function of such employees is to regularly and routinely engage in the delivery of crime prevention services.

b. "Police official" or "Police officer" shall only be deemed to include dispatchers and administrative or clerical staff if the employee satisfies the requirements set forth in §§ 1.13(B)(1)(a) ((1)) through ((4)) of this Part above, and:

(1) The functions are performed on a temporary or limited basis; or

(2) As a result of a physical or mental limitation of the member, such dispatcher or administrative or clerical position is the only position available.

2. Fire Fighter

a. For purposes of R.I. Gen. Laws Chapter 45-21.2, entitled Optional Retirement for Members of Police Force and Fire Fighters, the term "Fire fighter" shall mean those employees who meet the following criteria:

(1) Such employees must have successfully completed all local hiring and State requirements for becoming a fire fighter in a State, city, town, fire district, Municipal Corporation, or in a city, town, or fire district rescue/emergency medical service organization. Requirements may include, but are not necessarily limited to, successful completion of any and all requisite trainings, successful completion of any and all physical performance, written and/or psychological examinations, and/or graduation from a recognized training academy;

(2) Such employees must successfully maintain all of the required qualifications, certifications and licenses during any period of employment in a fire fighting or rescue/emergency medical service organization as provided for in departmental Rules and Regulations and collective bargaining agreements, all subject to review and approval by ERSRI should a conflict or misinterpretation exist, and

(3) Such employees must be either:

(AA) Regular and full-time permanent uniformed members of a municipal or State firefighting service, fire district, fire department or municipal corporation whose primary function is to regularly and routinely engage in firefighting/suppression activities, hazardous materials mitigation, fire prevention and training; or

(BB) A regular and permanent member of a city or town rescue/emergency medical service organization or a municipal corporation whose primary function is to regularly and routinely engage in the delivery of rescue or emergency medical services as their primary function.

(CC) The term "Fire fighter" shall not include those positions that do not regularly and routinely engage in the duties as described above such as fire truck or vehicle mechanics, dispatchers, apparatus maintenance personnel, clerical or administrative positions, and any other non-firefighter or nonemergency medical personnel positions.

(DD) The term "Fire fighter" shall only be deemed to include dispatchers and administrative or clerical staff if the employee satisfies the requirements set forth in §§ 1.13(B)(2)(a) ((3))((AA)) through ((CC)) of this Part above, and:

(EE) The functions are performed on a temporary or limited basis pending transition to a fire fighter; or

(FF) As a result of a physical or mental limitation of the member, such dispatcher or administrative or clerical position is the only position available.

3. Regular and Permanent

"Regular and permanent full-time" shall mean usual, customary, not a substitute, established and lasting or intended to last indefinitely without change.

C. Effective Date

1. This Rule shall become effective upon adoption by the Board, and shall have prospective application from the date of adoption.

2. For active members who contribute to the Municipal Employees' Retirement System under R.I. Gen. Laws Chapter 45-21.2 as of the date of adoption, and do not meet the standard of this Regulation, the ERSRI will evaluate the member(s) and determine if they substantially meet the spirit of this promulgated Regulation. If the Board makes a determination that the member(s) do not meet the spirit of the standard, member contributions in excess of what is required under R.I. Gen. Laws §§ 4521.2-14 and/or 45-21.2-22 shall be returned to the member and the member will be enrolled in the Municipal Employees' Retirement System consistent with R.I. Gen. Laws Chapter 45-21.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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