Current through September 18, 2024
A. This Regulation
governs how membership is determined for job share and part time
positions.
B. Definitions
1. "Employee" is defined pursuant to R.I.
Gen. Laws §
36-8-1(9), where
applicable, to mean any officer or employee of the State of Rhode Island whose
business time is devoted exclusively to the services of the State, but shall
not include one whose duties are of a casual or seasonal nature. The Retirement
Board shall determine who are employees within the meaning of this Part. The
Governor of the State, the Lieutenant Governor, the Secretary of State, the
Attorney General, the General Treasurer, and the members of the General
Assembly, ex officio, shall not be deemed to be employees within the meaning of
that term unless and until they elect to become members of the System as
provided in R.I. Gen. Laws § 36-96, but in no case shall it deem as an
employee, for the purposes of this Part, any individual who devotes less than
twenty (20) business hours per week to the service of the State, and who
receives less than the equivalent of minimum wage compensation on an hourly
basis for their services, except as provided in R.I. Gen. Laws §
36-9-24. Any commissioner of a
municipal housing authority or any member of a part time State, municipal or
local board, commission, committee or other public authority shall not be
deemed to be an employee within the meaning of this Part.
a. "Employee" is defined pursuant to R.I.
Gen. Laws §
45-21-2(7), where
applicable, to mean any regular and permanent employee or officer of any
municipality, whose business time at a minimum of twenty (20) hours a week is
devoted to the service of the municipality, including elective officials and
officials and employees of city and town housing authorities. Notwithstanding
the previous sentence, the term "employee," for the purposes of this Part, does
not include any person whose duties are of a casual or seasonal nature. The
Retirement Board shall decide who are employees within the meaning of this
Part, but in no case shall it deem as an employee any individual who annually
devotes less than twenty (20) business hours per week to the service of the
municipality and who receives less than the equivalent of minimum wage
compensation on an hourly basis for their services, except as provided in R.I.
Gen. Laws §
45-21-14.1. Casual employees mean
those persons hired for an occasional period or a period of emergency to
perform special jobs or functions not necessarily related to the work of
regular employees. Any commissioner of a municipal housing authority, or any
member of a part-time State board commission, committee or other authority is
not deemed to be an employee within the meaning of this
Part.
2. "Full service
credit" means one (1) full year of service credit accrual.
3. "Full-time equivalent" (FTE) means one (1)
full-time position.
4. "Job-share"
means positions where two (2) or more people work in one (1) position (i.e.
FTE). R.I. Gen. Laws §
36-3.1-3(4)
provides that "jobsharing" means a work plan in which two (2) or more persons
share one (1) job, jointly assuming responsibility for the job's
output.
5. "Official leave" means a
leave of absence approved by the employer or appointing authority in
writing.
6. "Part time" means a
position posted with the requirement that the employee work at least twenty
(20) hours per week in that position, up to but not including full-time hours
or standard hours as defined by the employer.
7. "Partial leave" means working and being
paid less than the FTE in which the employee works.
C. An employee who works in a posted
part-time position, except for those part-time positions described in §
1.20(D) of
this Part, is entitled to receive full service credit and will be subject to
R.I. Gen. Laws §§
36-8-1(5)(b) or
45-21-2(8)(b).
1. The following documentation must be
provided by the employee to the ERSRI to establish their employment in an
eligible posted part-time position:
a. The
job posting or the history file; and
b. The personnel action form signed by the
Personnel Administrator, Appointing Authority, Town Manager, or Mayor;
or
c. Any other employer
documentation deemed appropriate and approved by the ERSRI.
D. An employee who works
in a posted part-time position that is part of one (1) FTE must work fifty
percent (50%) or more of that FTE hours to be entitled to receive full service
credit and will be subject to R.I. Gen. Laws §§
36-8-1(5)(b) or
45-21-2(8)(b). An
employee who works in a posted part-time position but works less than fifty
percent (50%) of the FTE hours shall be granted pro rata
service credit and shall not be eligible to purchase service credit for the
remainder of the FTE hours.
1. The following
documentation must be provided by the employee to the ERSRI to establish their
employment in an eligible posted part-time position that uses an FTE:
a. The job posting or the history file; and
b. The personnel action form signed
by Personnel Administrator, Appointing Authority, Town Manager, or Mayor; or
c. A memorandum of
understanding/agreement between the employer and employee and/or labor union;
or
d. Any other employer
documentation deemed appropriate and approved by the ERSRI.
E. Consistent with and
subject to R.I. Gen. Laws §§
36-8-1(5)(b),
36-8-1(9),
45-212(7), and
45-21-2(8)(b), an
employee who works in a job-share position shall be eligible to receive full
service credit when:
1. The employee is
responsible for working more than fifty percent (50%) of the posted hours for
the position. The other employee(s) in the job-share shall not receive service
credit nor can they purchase service credit.
2. The employee works fifty percent (50%) of
the position, i.e. positions that are evenly shared (50/50) in which both
people are required to work and are working the minimum requirement of twenty
(20) hours per week every week consistent with R.I. Gen. Laws §§
36-8-1(9) and
45-21-2(7).
3. The following documentation must be
provided by the employee to the ERSRI to establish their employment in an
eligible job-share position:
a. The job
posting or the history file, and
b.
The personnel action form signed by Personnel Administrator, Appointing
Authority, Town Manager, or Mayor; or
c. A memorandum of understanding/agreement
between the employer and employee and/or labor union; or
d. Proof of approval by the appointing
authority and the personnel administrator consistent with R.I. Gen. Laws §
36-3.1-3 or the Associate Director
of Human Resources as applicable consistent with R.I. Gen. Laws §
36-3.1-8; or
e. Proof of joint agreement between the
appointing authority and the certified bargaining representative consistent
with R.I. Gen. Laws §
36-3.1-4;
f. Any other employer documentation deemed
appropriate and approved by the ERSRI.
F. Part-time Teachers
1. Part-time teachers, not including
substitute teachers, who work the equivalent of half (1/2) time or more on a
regular basis, shall be included as active participating members in the
Retirement System.
2. For the
purposes of this Regulation, a school day shall be defined as the minimum
number of hours required by the Regulations of the Board of Regents for
Education which is five and one half (5 1/2) hours.
3. Teachers may only receive service credit
for part-time service pursuant to R.I. Gen. Laws §
16-16-5(d). The
purchase of any remaining program or job share time the teacher did not work
shall not be permitted.
a. The following
documentation must be provided to the ERSRI by the part-time teacher to
establish their employment in an eligible part time teaching position:
(1) The job posting or history file,
and
(2) The personnel action form
signed by the Personnel Administrator, Town Manager, Mayor, or School
Superintendent; or
(3) A memorandum
of understanding/agreement; or
(4)
Any other employer documentation deemed appropriate and approved by the
ERSRI.
G. Official Leave - If an employee takes a
leave of absence without pay, the employee may purchase the leave service
credit consistent with current law and policy. The purchase of salary is not
permitted. All purchase requests are subject to the laws and Regulations
governing the purchase of service credit.
H. Partial Leave - In instances where an
employee's position is thirty-five (35) or forty (40) hours per week and the
employee works less than the required hours, they will receive service credit
on a pro rata basis. If the employee takes partial leave, they
will be allowed to purchase service credit for the remaining hours of their
position, consistent with current law and policy. All purchase requests are
subject to the laws and Regulations governing the purchase of service credit.
1. The following documentation must be
provided to the ERSRI by an employee who wishes to purchase service credit for
the time they were on an official or partial leave:
a. The personnel action form signed by the
Personnel Administrator, Town Manager, School Principal, School Superintended,
Appointing Authority or Mayor; and
b. Proof of approval of official or partial
leave of absence without pay by the employee's appointing authority;
c. Official Leave Verification form completed
by the employee's employer, current school official, or former employer;
or
d. Any other employer
documentation deemed appropriate and approved by ERSRI.
