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-00-00-1.6 - Service Credit Purchase Regulations

Universal Citation: 120 RI Code of Rules 00 00 1.6

Current through September 18, 2024

1.6.1 R.I. Gen. Laws § 16-16-6 Concerning the Purchase of Credit for Service in Private Schools or as Federal Employee

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for service in private schools or as Federal employee is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests by teachers to purchase credits for private teaching or teaching as a Federal employee.

B. Definitions
1. Any non-profit private school or institution shall mean a school or institution similar to a public school in Rhode Island.

2. Public school in Rhode Island shall mean those schools teaching elementary and secondary education, i.e. Kindergarten through grade twelve (12).

C. Statutory Requirements
1. In order to purchase private teaching or teaching as a Federal employee credit the following provisions shall apply as required by R.I. Gen. Laws:
a. The member must be a "teacher" as defined by R.I. Gen. Laws § 16-16-1(12), i.e. holds a certificate of qualification, engaged in teaching as the principal occupation and be regularly employed as a teacher in the public schools in Rhode Island;

b. The teacher must be an "active" member pursuant to R.I. Gen. Laws § 16-16-1(1), i.e. a teacher for whom the retirement system is currently receiving regular contributions;

c. The teacher must be employed by a city or town in the State of Rhode Island as a teacher;

d. The time sought to be purchased must be for service as a teacher or in a capacity essentially similar or equivalent to that of a teacher as defined in R.I. Gen. Laws § 16-16-1(12);

e. Service must have been rendered in any non-profit private school or institution or in public schools paid by funds of the United States government;

f. The amount of private teaching credit purchase is limited to a maximum of five (5) years;

g. The purchase amount is at full actuarial cost based on the salary of the member in effect at the date of application for the credit; Consistent with R.I. Gen. Laws § 36-8-1(10), requests for the purchase of service credit for service in private schools or as Federal employee received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests to purchase received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

h. Consistent with R.I. Gen. Laws § 16-16-12(d)(6), requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit request for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

D. Additional Requirements and Restrictions Regarding the Purchase Credit for Service in Private Schools or as Federal Employee
1. This Regulation does not apply to the purchase of service credit for out of State teaching. Refer to §1.6.10 of this Part governing the purchase of out of State teaching for the requirements.

2. Time worked in an institution devoted toward community service and vocational education for adults shall not be purchasable;

3. Members electing to pay by installment shall pay consistent with § 1.11 of this Part;

4. The purchase by a member who is currently in a part-time position will be calculated using the member's full annualized salary. A current part-time salary shall not be used if the time prior to the application indicates the member was regularly employed as a full-time teacher; if the member was regularly employed as a part-time teacher, the part-time salary will be used;

5. The Private Teaching Credit Request form must be completed by the member, current school official, and former employer and former retirement system or pension plan and must be submitted to ERSRI;

6. It shall be the responsibility of the member to see that all parties complete the required form and the form must be submitted to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.2 R.I. Gen. Laws §§ 36-9-31.1 and 16-16-7.2 Concerning the Purchase of Credit for Peace Corps, Teacher Corps and VISTA (Volunteers in Service to America) by State Employees and Teachers

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for Peace Corps, Teacher Corps and VISTA is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Rule shall be applicable to all requests to purchase credit for Peace Corps, Teacher Corps and VISTA.

B. Statutory Requirements
1. In order to purchase credit for Peace Corps, Teacher Corps or VISTA, the following provisions shall apply as required by R.I. Gen. Laws:
a. Employee must be an active member pursuant to R.I. Gen. Laws §§ 36-8-1(2) or 16-16-1(1), i.e. an employee for whom the retirement system is currently receiving regular contributions;

b. Members on official leave of absence for illness or injury are also eligible to purchase the time;

c. The amount of Peace Corps, Teacher Corps and VISTA credits purchased is limited to four (4) years in the aggregate, i.e. no more than four (4) years total for combined time in the Corps and/or VISTA;

d. Requests to purchase Peace Corps, Teacher Corps and/or VISTA credits which are received and date stamped on or before June 16, 2009 will be calculated at ten percent (10%) of the first (1st) year's wages plus interest assessed from the date of enrollment into the system to the date of the request to purchase. No interest will be assessed if the purchase is made within the first five (5) years of membership or if purchased by a member who was an active member of the system prior to July 1, 1980. Consistent with R.I. Gen. Laws § 36-8-1(10), purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

e. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv) and 16-16-12(d)(6), requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

C. Additional Requirements and Restrictions Regarding the Purchase of Credit for Peace Corps, Teacher Corps, VISTA
1. Members shall request the purchase by completing in full, signing and submitting the appropriate Peace Corps, Teacher Corps, and/or VISTA form along with a letter on the employer's/agency's official letterhead to ERSRI stating the time the member served;

2. It shall be the responsibility of the member to submit the required form and letter to ERSRI in a timely manner. Incomplete forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

3. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.3 R.I. Gen. Laws § 16-17.1-2 Concerning the Purchase of Time in Another Retirement Program

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for time in another retirement program is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Rule shall apply to all requests to purchase credit for time in another retirement program as defined by R.I. Gen. Laws § 16-17.1-1(4).

B. Definitions
1. Pursuant to R.I. Gen. Laws § 16-17.1-1(4), "Retirement program" and "program" means any retirement program adopted by the Board of Regents for Higher Education or its successor for any of its employees as defined in this section.

2. Pursuant to R.I. Gen. Laws § 16-17.1-1(3), "Employees" means presidents, professors, instructors, or other employees of the board who are eligible to participate in any retirement program by virtue of the terms of the program and who are exempt from the merit system; If an employee of the board who participates in the program shall change classifications, they shall have the option to remain with the program.

3. Pursuant to R.I. Gen. Laws § 16-17.1-1(2), "Board" means the Board of Regents for Higher Education or its successor.

4. As defined in R.I. Gen. Laws § 36-8-1(14), "Regular interest" means interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the board.

C. Statutory Requirements
1. In order to purchase time in another retirement program the following provisions shall apply as required by R.I. Gen. Laws:
a. The employee must be an "active member" pursuant to R.I. Gen. Laws §§ 36-8-1(2), 16-16-1(1), or 45-21-2(2) i.e. a State employee, teacher, or municipal employee for whom the retirement system is currently receiving regular contributions;

b. The employee must have participated in the program as defined in §1.6.3(B) of this Part above;

c. Employees of the board who were members of the program, and who subsequently enter the employees' retirement system by virtue of employment, shall be allowed to purchase credit for any prior service with the board under the program;

d. Consistent with R.I. Gen. Laws § 36-8-1(10) purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the systems assumed investment rate of return minus one percent (1%);

e. The payment shall be made in a lump sum within the employee's first (1st) year of membership in the retirement system.

D. Additional Requirements and Restrictions Regarding the Purchase of Time in Another Retirement Program
1. The request to purchase time in another program must be made in writing to ERSRI;

2. The purchase of time in another program is limited to five (5) years.

1.6.4 R.I. Gen. Laws §§ 36-9-20 and 45-21-56 Concerning the Purchase of NonParticipating Municipal Service Credit

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for nonparticipating municipal service is promulgated pursuant to R.I. Gen. Laws § 36-83. The Rule shall be applicable to all requests to purchase non-participating municipal service credit.

B. Statutory Requirements
1. In order to purchase non-participating municipal service credit, the following provisions shall apply as required by R.I. Gen. Laws:
a. This purchase is available to current State employees, teachers or municipal employees as defined by R.I. Gen. Laws §§ 36-8-1(9), 16-16-1(12), or 45-21-2(7) who were previously employed by a municipality that did not elect to accept the provisions of R.I. Gen. Laws Chapter 45-21;

b. The employee must be an "active" member of ERSRI or MERS pursuant to R.I. Gen. Laws §§ 36-8-1(2), 16-16-1(1), or 45-21-2(2), i.e. an employee for whom the Retirement System, as defined in R.I. Gen. Laws Chapters 36-8 through 36-10 and 45-21 through 4521.2, is currently receiving regular contributions;

c. The employee while working for the non-participating municipality must have met the definitional requirements of R.I. Gen. Laws § 4521-2(7) while working for the non-participating municipality, i.e. the employee must have been regularly and permanently employed devoting a minimum of twenty (20) hours per week every week on an annual basis throughout the year to the service of the municipality. Those working an average of twenty (20) hours per week and/or participating in casual and seasonal employment are considered not to have met the definition of R.I. Gen. Laws § 4521-2(5) and will be ineligible to purchase service credits;

d. The amount of non-participating municipal service credit purchase is limited to a maximum of four (4) years for State employees and teachers and five (5) years for municipal employees;

e. Purchase amounts shall be calculated at full actuarial cost as defined in R.I. Gen. Laws §§ 36-8-1(10) and 45-21-2(10). Purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

f. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv), 16-16-12(d)(6), and 45-21-16(2)(v)(I) and (II) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015. The purchase of non-participating municipal service can include more than one (1) municipality.

C. Additional Requirements and Restrictions Regarding the Purchase of NonParticipating Municipal Service Credit
1. Pursuant to R.I. Gen. Laws §§ 36-9-47, 16-16-8.1 and 45-21-64 members electing to pay by installment will have additional interest added to the cost of the purchase;

2. A member is prohibited from purchasing non-participating municipal service credit which is being credited towards retirement benefits in another system where there is an employer contribution or match. The other system may consist of either a defined benefit and/or a defined contribution (e.g. 457, 403(b) etc.);

3. Employment which was rendered on a substitute, temporary, casual or seasonal basis is not purchasable;

4. The Non-Participating Municipality Credit Request form must be completed by the member, current employer, and former employer and former retirement system or pension plan and must be submitted to ERSRI;

5. It shall be the responsibility of the member to see that all parties complete the required form and the form must be submitted to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.5 Regulations Regarding Rhode Island General Laws (R.I. Gen. Laws) §§ 4521.2-16, 45-21.2-18, 45-21.2-19 Concerning the Purchase of Call System Service Credit

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for Call System service is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall apply to all requests to purchase Call System service credit.

B. Definitions
1. For the purposes of this Rule, "any person" shall mean a municipal employee including police and firefighter who is an "active member" of the retirement system as defined by R.I. Gen. Laws §§ 45-21-2(2) or 45-21.22, i.e. an employee for whom the retirement system is currently receiving regular contributions.

2. For the purposes of this Regulation, "three (3) years served" shall mean thirty-six (36) consecutive months which do not contain any other time in which contributions were being made.

C. Statutory Requirements
1. In order to purchase Call System service credit the following provisions shall apply as required by R.I. Gen. Laws:
a. The person must have been a member of the Call System of North Providence Fire Department as of January 1, 1960 and thereafter, a member of the Call System of North Kingstown Fire Department as of January 1, 1950 and thereafter or a volunteer member and/or member of the Call System of the East Greenwich Fire District as of January 1, 1943 and thereafter;

b. The person shall be credited with one (1) year of service credit for every three (3) years served;

c. In order to receive service credit, the person must pay into the system an amount based on compensation received by that person in the last year of each three (3) year period at the time of the purchase. Minimum compensation on which the purchase is calculated shall be three hundred dollars ($300.00) annually;

d. Purchase costs shall include regular interest as defined in R.I. Gen. Laws § 36-8-1(14) which states that regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the Retirement Board. Purchase requests received and date stamped on or after July 1, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

e. Consistent with R.I. Gen. Laws §§ 45-21-16(2)(v)(I) and (II) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

D. Additional Requirements and Restrictions Regarding the Purchase of Call System Service Credit
1. Members electing to pay by installment shall pay consistent with § 1.11 of this Part;

2. The purchase of Call System service credit is limited to a total of five (5) years;

3. The Call Firefighter Credit Request form must be completed and submitted to ERSRI by the Employer;

4. It shall be the responsibility of the member to see that the Employer complete and submit the required form to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.6 Regulations Regarding Rhode Island General Laws (R.I. Gen. Laws) § 1616-6.4 Concerning the Purchase of Certified Nurse Teacher Credit

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for certified nurse teacher service is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests to purchase certified nurse teacher credit.

B. Statutory Requirements
1. In order to purchase certified nurse teacher credit the following provisions shall apply as required by R.I. Gen. Laws:
a. The employee must be an "active" member of ERSRI pursuant to R.I. Gen. Laws §§ 36-8-1(2), or 16-16-1(1), i.e. a State employee or teacher for whom the retirement system is currently receiving regular contributions;

b. The member must have worked as a Registered Nurse (R.N.);

c. The employee must be a certified nurse teacher employed by the State or the public schools of the cities and towns in Rhode Island;

d. The amount of certified nurse teacher credit is limited to a maximum of four (4) years;

e. Consistent with R.I. Gen. Laws § 36-8-1(10), purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%).

f. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv) and 16-16-12(d)(6), requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

g. Credit for time served as a certified nurse teacher may be purchased and used toward the pension for the ordinary disability retirement only if the certified nurse teacher has at least ten (10) years of creditable service before the purchase;

h. A member is prohibited from purchasing nurse teacher credit which is being credited towards retirement benefits in another system;

i. Appropriate work experience includes, but is not limited to, work as a Registered Nurse in a hospital setting.

C. Additional Requirements and Restrictions Regarding the Purchase of Certified Nurse Teacher Service Credit
1. When calculating the purchase cost, the cost will be based on the salary of the member in effect at the date of application for credit;

2. The purchase by a member who is currently in a part-time position will be calculated using the member's full annualized salary. A current part-time salary shall not be used if the time prior to the application indicates the member was regularly employed as a full-time teacher; if the member was regularly employed as a part-time teacher, the part-time salary will be used;

3. Members electing to pay by installment shall pay consistent with § 1.11 of this Part;

4. Members shall request the purchase by completing in full and signing the Nurse Teaching Credit Request form and providing ERSRI with a copy of their Department of Education Nurse Teacher Certificate;

5. The form must also be completed by the member's current employer and former employer of registered nursing employment and be submitted to ERSRI;

6. It shall be the responsibility of the member to complete the required form, see that the employers complete their sections of the form and to submit the completed form and Department of Education Nurse Teacher certificate to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.7 Regulations Regarding Rhode Island General Law (R.I. Gen. Laws) § 16-166.2 Concerning the Purchase of Service Credit for Appropriate Work Experience

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for appropriate work experience is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests by public school vocational education teachers to purchase service credit for appropriate work experience.

B. Statutory Requirements
1. In order to purchase service credit for appropriate work experience, the following provisions shall apply as required by R.I. Gen. Laws:
a. The employee must be an "active" member pursuant to R.I. Gen. Laws §§ 36-8-1(2) or 16-16-1(1), i.e. a State employee or teacher for whom the retirement system is currently receiving regular contributions;

b. The vocational education teacher must currently be employed as a vocational education teacher by the State of Rhode Island or a city or town in the State of Rhode Island;

c. The amount of vocational education purchase is limited to a maximum of five (5) years;

d. Credit for appropriate work experience may be purchased and used toward the pension for the ordinary disability retirement only if the vocational education teacher has at least ten (10) years of creditable service before the purchase;

e. The purchase amount is based on the salary of the member in effect at the date of application for the credit. Consistent with R.I. Gen. Laws § 36-8-1(10) purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

f. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv) and 16-16-12(d)(6) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

C. Additional Requirements and Restrictions Regarding the Purchase Service Credit for Appropriate Work Experience
1. The vocational education teacher must currently be teaching the subject for which they are certified on their vocational education certificate;

2. The purchase by a member who is currently in a part-time position will be calculated using the member's full annualized salary. A current part-time salary shall not be used if the time prior to the application indicates the member was regularly employed as a full-time teacher;

3. Members electing to pay by installment shall pay consistent with § 1.11 of this Part. The Vocational Education Credit Request form must be completed by the member and the current employer and must be submitted to ERSRI. In addition to the form, the vocational education certificate for the vocational education teachers current position and a letter on the past employer's official letterhead verifying the dates the member served shall be submitted to ERSRI;

4. It shall be the responsibility of the member to see that all parties complete the required form, and the form and all documentation must be submitted to ERSRI in a timely manner. Incomplete or inaccurate forms and insufficient documentation will be returned to the member as well as failure to provide all requested documentation will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.8 Regulations Regarding Rhode Island General Laws (R.I. Gen. Laws) §§ 3610-8 and 45-21-29, Concerning the Restoration of Credits

A. Introduction

This Administrative Regulation pertaining to the purchase of a refund of contributions is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests to purchase a refund of contributions.

B. Statutory Requirements
1. In order to purchase a refund of contributions the following provisions shall apply as required by R.I. Gen. Laws:
a. Member shall refer to "member" as defined in R.I. Gen. Laws § 368-1(12): any person included in the membership of the Retirement System as provided in R.I. Gen. Laws §§ 36-9-1 through 36-9-7;

b. The member must subsequently reenter service and again become a member of the system for at least one (1) year of continuous service and must make contributions for that one (1) year of continuous service. Consistent with R.I. Gen. Laws §§ 36-10-9(1) (d)(3)(vi), 16-16-12(d)(6), and 45-21-16(2)(v)(I) and (II) requests for the restoration of service credit must be received and date stamped within three (3) years of the initial date of re-hire. For active members as of June 30, 1012, the restoration of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015;

c. The entire amount of years of service previously withdrawn must be purchased in its entirety;

d. Regular interest as defined in R.I. Gen. Laws §§ 36-8-1(14) and 4521-2(16), which states that regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board, which accrued from the date of refund to the date of purchase request will be calculated and added to the purchase cost;

e. Upon the repayment of such a refund including accrued interest the member shall again receive credit for the amount of total service.

C. Additional Requirements and Restrictions Regarding the Purchase of the Restoration of Credits
1. There is no restriction as to the number of years to be purchased as a refund payback;

2. The purchase of a refund payback does not count toward the five (5) year limit on purchases;

3. If purchasing a restoration of service credit and any of the service credits are other than contributory service, those service credits will be subject to the five (5) year maximum purchase limit;

4. Members may request the purchase by completing the Payback Request form or may call, write, or email the request to the Retirement System;

5. Members with more than one (1) refund may purchase each refund separately, provided however that the refund must be made consistent with §1.6.8(B)(1)(b) of this Part above;

6. A refund payback resulting in a member being credited with years of service which exceed the maximum benefit shall not be required to purchase years of service in excess of the maximum benefit.

7. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.9 Regulations Regarding Rhode Island General Law (R.I. Gen. Laws) § 16-165 Concerning the Purchase of Part-Time Teaching

A. Introduction

This Administrative Regulation pertaining to the purchase by a teacher of credit for part-time teaching is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall apply to all requests by a teacher to purchase credit for part-time teaching.

B. Statutory Requirements
1. In order to purchase part-time teaching the following provisions shall apply as required by R.I. Gen. Laws:
a. The member must be a "teacher" within the meaning of R.I. Gen. Laws § 16-16-1(12), i.e. hold a certificate of qualification, engaged in teaching as the principal occupation and be regularly employed as a teacher in the public school system;

b. The teacher must be an "active member" as defined in R.I. Gen. Laws § 16-16-1(1), i.e. a teacher for whom the retirement system is currently receiving regular contributions;

c. A teacher employed in a half-time program including a job-share shall receive credit for that part-time service only. For example, a teacher identified as a 0.60 teacher will only receive 0.60 X 180 (the required number of school days every city or town shall establish and maintain pursuant to R.I. Gen. Laws § 16-2-2) = 108 days. No additional service credit will be awarded or be eligible for purchase for the remaining portion of the school year for which the member did not receive service credit.

C. Additional Requirements and Restrictions Regarding the Purchase of Part-Time Teaching Credits
1. In order to purchase part-time teaching credits, a teacher must have worked a minimum of two fifths (2/5) of a school year and must not have been considered an "active member" pursuant to R.I. Gen. Laws § 16-161(1), i.e. no regular contributions were made to the retirement system;

2. The Part-Time Teacher Verification form must be completed and submitted to ERSRI by the Employer;

3. It shall be the responsibility of the member to see that the Employer complete and submit the required form to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

4. The purchase of part-time teaching is limited to a total of five (5) years;

5. Part-time teaching among school systems in the same school year may be combined for purchase;

6. The cost to purchase part time teaching service credit will be calculated at regular interest as defined in R.I. Gen. Laws § 36-8-1(14), which states that regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board, assessed from the date employment commenced to the date of the request to purchase. Consistent with R.I. Gen. Laws § 368-1(10), purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

7. Consistent with R.I. Gen. Laws § 16-16-12(d)(6) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015;

8. Members electing to pay by installment shall pay consistent with § 1.11 of Part.

1.6.10 Regulations Regarding Rhode Island General Law (R.I. Gen. Laws) § 16-166.1 Concerning the Purchase of Out of State Teaching Credit

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for out of State teaching is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests by public school teachers to purchase out of State teaching credit.

B. Statutory Requirements
1. In order to purchase out of State teaching credit, the following provisions shall apply as required by R.I. Gen. Laws:
a. The member must be a "teacher" as defined by R.I. Gen. Laws § 16-16-1(12), i.e. holds a certificate of qualification, engaged in teaching as the principal occupation and be regularly employed as a teacher in the public schools in Rhode Island;

b. The teacher must be an "active" member pursuant to R.I. Gen. Laws § 16-16-1(1), i.e. a teacher for whom the retirement system is currently receiving regular contributions;

c. The teacher must be employed as a teacher by a city or town in the State of Rhode Island;

d. The amount of out of State teaching credit purchase is limited to a maximum of five (5) years;

e. The time purchased must be for employment in any State college, State university, State school or public school outside the State of Rhode Island or in any territory or possession of the United States including the Philippines or any school under the jurisdiction of the United States government;

f. Credit for out of State teaching may be purchased and used toward the pension for the ordinary disability retirement only if the teacher has at least ten (10) years of creditable service before the purchase;

g. The purchase amount is at full actuarial cost based on the salary of the member in effect at the date of application for the credit. Consistent with R.I. Gen. Laws § 36-8-1(10), purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

h. Consistent with R.I. Gen. Laws § 16-16-12(d)(6) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

C. Additional Requirements and Restrictions Regarding the Purchase of Out of State Teaching Credit
1. This Regulation does not apply to the purchase of service credit for private teaching. Refer to the section under this Regulation governing the purchase of private teaching;

2. The purchase by a member who is currently in a part-time position will be calculated using the member's full annualized salary. A current part-time salary shall not be used if the time prior to the application indicates the member was regularly employed as a full time teacher; if the member was regularly employed as a part-time teacher, the part-time salary will be used;

3. Members electing to pay by installment shall pay consistent with § 1.11 of this Part. A member is prohibited from purchasing out of State teaching credit which is being credited towards retirement benefits in another system where there is an employer contribution or match. The other system may consist of either a defined benefit and/or a defined contribution (e.g. 457, 403(b) etc.);

4. Employment which was rendered on a substitute, temporary, casual, seasonal or emergency basis is not eligible for purchase;

5. The Out of State Teaching Credit Request form must be completed by the member, current school official, and former employer and former retirement system or pension plan and must be submitted to ERSRI.

6. It shall be the responsibility of the member to see that all parties complete the required form and the form must be submitted to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase.

1.6.11 Regulations Regarding Rhode Island General Law (R.I. Gen. Laws) §16-16-5(C) Concerning the Purchase by a Teacher of Substitute Teaching Time

A. Introduction

This Administrative Regulation pertaining to the purchase by a teacher of credit for substitute teaching time is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall apply to all requests to purchase credit for substitute teaching time.

B. Statutory Requirements
1. In order to purchase substitute teaching time the following provisions shall apply as required by R.I. Gen. Laws:
a. The member must be a "teacher" within the meaning of R.I. Gen. Laws § 16-16-1(12);

b. The teacher must be an "active member" R.I. Gen. Laws § 16-161(1), i.e. an employee for whom the retirement system is currently receiving regular contributions;

c. The number of days served by a substitute teacher in any public school of any city or town in the State may only be combined for the same school year to reach required total number of days;

d. Service credit will only be given to a teacher once the amount the teacher would have contributed to the Plan plus interest has been paid to the retirement system;

e. Consistent with R.I. Gen. Laws § 36-8-1(10), purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

f. Consistent with R.I. Gen. Laws § 16-16-12(d)(6) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

C. Additional Requirements and Restrictions Regarding the Purchase of Substitute Teaching Time
1. The substitute teaching time does not count toward contributory service. Teachers must have ten (10) years of contributing service to be vested. A teacher with contributory service on or after July 1, 2012 must have five (5) years of contributing service to be vested;

2. The teacher must have substituted a minimum of forty-five (45) days in one (1) school year in order to purchase the time. The substituting can be in more than one (1) public school in more than one (1) city or town in the State but must be in the same school year. The only exception to the forty-five (45) day minimum requirement is in such cases where the teacher has contributing time in the same school year in which they substituted. In this instance, days substituted will be added to contributing service to determine service credit;

3. Service credit will be calculated as follows: For service credits accrued prior to November 17, 2011, the following schedule shall apply:

45 days

= 3 months service credit

67 days

= 6 months service credit

91 days

= 9 months service credit

135 days

= 1 year service credit

4. For service credits accrued on and after November 18, 2011, the following schedule shall apply:

45 days

= 3 months service credit

90 days

= 6 months service credit

135 days

= 9 months service credit

180 days

= 1 year service credit

5. The purchase of substitute teaching time is limited by statute to public schools in Rhode Island. State schools in Rhode Island, private school and out of State school requests will be denied;

6. The Substitute Teaching form must be completed and submitted to ERSRI by the Employer;

7. It shall be the responsibility of the member to see that the Employer complete and submit the required form and letter to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

8. The purchase of substitute teaching time is limited to a total of five (5) years;

9. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.12 Regulations Regarding Rhode Island General Laws (R.I. Gen. Laws) §§ 369-26 and 45-21-58 Concerning the Purchase of Official Layoff

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for official layoff is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests to purchase credit for official layoff.

B. Statutory Requirements
1. In order to purchase credit for official layoff the following provisions shall apply as required by R.I. Gen. Laws:
a. The employee must be an "active" member of ERSRI pursuant to R.I. Gen. Laws §§ 36-8-1(2), 36-8-1(12) or MERS pursuant to R.I. Gen. Laws §§ 45-21-2(2), 45-21-2(12), i.e. an employee for whom the retirement system is currently receiving regular contributions;

b. The purchase of official layoff can only be made when the member returns to active membership. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv), 16-16-12(d)(6), and 45-21-16(2)(v)(I) and (II) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015;

c. Leave without pay does not qualify as official layoff;

d. The member shall not have withdrawn their retirement contributions during the official layoff;

e. The amount of service credit for official layoff is limited to a maximum of one (1) year;

f. Consistent with R.I. Gen. Laws § 36-8-1(10) purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%).

g. For members of MERS, the cost to purchase official layoff is calculated at regular interest as defined in R.I. Gen. Laws § 45-212(16) which states that regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board. All requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%).

C. Additional Requirements and Restrictions Regarding the Purchase of Credit for Official Layoff
1. Members shall request the purchase by having the Employer complete and sign the Official Layoff Verification form and submitting the form along with the official documentation of the official layoff to ERSRI;

2. Acceptable documentation includes official documentation from the employer completed at the time that separation from service occurred which clearly states the member was on "layoff;"

3. It shall be the responsibility of the member to see that the Employer complete the required form and submit the form to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

4. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.13 Rhode Island General Laws (R.I. Gen. Laws) §§36-9-20, 16-16-8, and 45-2112.1 - Regulations Regarding the Purchase of Credit for Prior Time

A. Introduction

This Administrative Regulation pertaining to the purchase of credit for prior time is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests to purchase credit for prior time.

B. Definitions
1. "Probationary time" shall mean time when a person was considered an employee pursuant to R.I. Gen. Laws §§ 36-8-1(9) or 45-21-2(7) but for which the employees' retirement system was not receiving regular contributions and which time period does not exceed six (6) months.

2. The definition of "employee" for State Employees and Municipal Employees is governed by R.I. Gen. Laws §§ 36-8-1(9) and 45-21-2(7) which require a person to devote twenty (20) business hours per week annually to the service of the State or municipality to be an employee within the meaning of the retirement statutes. "Annually" shall mean twenty (20) standard hours, every week on an annual basis, throughout the year devoted to the service of the State or municipality.

3. Pursuant to R.I. Gen. Laws §§ 36-8-1(9) and 45-21-2(7) employment cannot be of a casual, seasonal or emergency nature and cannot have earned less than the equivalent of minimum wage compensation on an hourly basis for their services.

C. Statutory Requirements
1. With respect to the purchase of prior time, the following provisions shall apply as required by R.I. Gen. Laws:
a. The employee must be an "active member" of ERSRI pursuant to R.I. Gen. Laws § 36-8-1(2), MERS pursuant to R.I. Gen. Laws § 45-21-2(2), i.e. an employee for whom the retirement system is currently receiving regular contributions, or R.I. Gen. Laws § 16-161(1), i.e. a teacher for whom the retirement system is currently receiving regular contributions;

b. For State Employees and Teachers who are members of ERSRI as of June 30, 2012, and Municipal Employees who are members of MERS as of June 30, 2012 and who are requesting to purchase prior time under R.I. Gen. Laws Title 36, consistent with R.I. Gen. Laws § 36-8-1(10) purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value, and requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%);

c. For Municipal Employees in MERS as of June 30, 2012 and State Employees and Teachers in ERSRI as of June 30, 2012 who are requesting to purchase prior time under R.I. Gen. Laws Title 45, the calculation will be at regular interest as defined in R.I. Gen. Laws §§ 36-8-1(14) and 45-21-2(16), which states that regular interest shall mean interest at the assumed investment rate of return, compounded annually, as may be prescribed from time to time by the retirement board. All requests received and date stamped after June 30, 2012 shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%).

d. Consistent with R.I. Gen. Laws §§ 36-10-9(1)(c)(iv), 16-16-12(d)(6), and 45-21-16(2)(v)(I) and (II) requests for the purchase of service credit for time before the member's date of hire must be received and date stamped within three (3) years of the initial date of hire. For active members as of June 30, 2012, the purchase of service credit for time prior to June 30, 2012 must be received and date stamped by June 30, 2015.

e. Pursuant to R.I. Gen. Laws §§ 36-10-9(3)(v), 16-16-12(3)(v), and 45-21-16(2)(IV) no more than five (5) years of service credit may be purchased by a member of the System.

D. Additional Requirements and Restrictions Regarding the Purchase of Prior Time
1. For the purchase of Probationary Time, the following additional Regulations shall apply:
a. The six (6) month period or less must be the period immediately preceding becoming a contributing member;

b. The amount of probationary time purchasable is limited to six (6) months or less for each position held that required a probationary period;

c. The purchased time shall be counted as contributing service;

d. The purchase of probationary time does not count toward the five (5) year limit on purchases;

2. The Probationary Time Verification form or the Prior Time Verification form must be completed in full, signed and submitted to ERSRI by the Employer;

3. The Employer must provide information regarding why the member did not contribute during the time requested to be purchased and must be prepared to provide ERSRI with official documentation supporting the information provided by the Employer on the form;

4. It shall be the responsibility of the member to see that the Employer complete and submit the required form to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

5. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.14 Regulations Regarding Rhode Island General Laws (R.I. Gen. Laws) §§ 369-31, 16-16-7.1, and 45-21-53 Concerning the Purchase of Armed Service Credit

A. Introduction

This Administrative Regulation pertaining to the purchase of armed service credit is promulgated pursuant to R.I. Gen. Laws § 36-8-3. The Regulation shall be applicable to all requests to purchase armed service credit.

B. Definition of Armed Service
1. Members with active duty in the following branches of the armed services shall be allowed to purchase armed service credit:
a. United States Army, United States Army Reserve and the National Guard of the United States;

b. United States Navy and United States Navy Reserve;

c. United States Marine Corps and United States Marine Corps Reserve;

d. United States Coast Guard and United States Coast Guard Reserve;

e. United States Air Force, United States Air Force Reserve and Air National Guard of the United States;

f. United States Public Health Service;

g. Those merchant marine seamen manning army transports of merchant ships operated for the United States War Shipping Administration in war zone areas.

2. For purposes of determining allowable National Guard time, only time spent on active duty in the National Guard of the United States shall be considered. Service in the full time National Guard or the National Guard of a State, Territory, Commonwealth of Puerto Rico or District of Columbia shall not be considered as service in the National Guard of the United States.

C. Statutory Requirements
1. In order to purchase armed service credit the following provisions shall apply as required by law:
a. The employee must be an "active" member of ERSRI pursuant to R.I. Gen. Laws §§ 36-8-1(2), 16-16-1(1) or MERS pursuant to R.I. Gen. Laws § 45-21-2(2), i.e. an employee for whom the retirement system is currently receiving regular contributions;

b. Only military time served prior to ERSRI or MERS membership is eligible for purchase;

c. The member must have been on active military duty;

d. The amount of armed service credit is limited to a maximum of four (4) years. Any purchase made after January 1, 1995 cannot bring the member's total purchased time above five (5) years. Armed service credit purchases completed prior to January 1, 1995 may bring the member's purchased time over five (5) years;

e. The member must have received an "honorable discharge;"

f. Members on official leave of absence for illness or injury are also eligible to purchase the time;

g. The purchase cost shall be calculated at ten percent (10%) of the member's first year's earnings as a State employee as defined in R.I. Gen. Laws Chapter 36-9, as a teacher as defined in R.I. Gen. Laws § 16-16-1, and as a municipal employee as defined in R.I. Gen. Laws Chapter 45-21. First (1st) year's earnings shall mean the first full, complete year's earnings. For Teachers, first (1st) year's earnings shall mean contractual salary based on a minimum of one hundred eighty (180) days. Interest shall accrue from the date of enrollment into the system to the date of purchase if purchased after completing five (5) years of membership, i.e. if you had a withdrawal as a State employee your first year's earnings as a State employee will be used to calculate the purchase, but if you are presently a teacher and had a withdrawal as a State employee your first (1st) year's earnings as a teacher will be used to calculate the purchase;

h. No interest will be assessed if the purchase is made within the first (1st) five (5) years of membership in the retirement system or if purchased by a member who was in the system prior to July 1, 1980.

D. Additional Requirements and Restrictions Regarding the Purchase of Armed Service Credit
1. When calculating allowable purchase time, no member shall be allowed to purchase credit which, when totaled, pursuant to R.I. Gen. Laws § 36-9-25 provides the member with more than one (1) year of service credit in any one (1) calendar year;

2. As of July 3, 1997, any active member shall only be allowed to purchase armed service credit for the actual time they were on active duty. For example, if a member was on active duty for ten (10) months and fifteen (15) days, the member shall only be permitted to purchase ten (10) months and fifteen (15) days. If a member served two (2) weeks summer duty in the National Guard, the member shall only be permitted to purchase two (2) weeks of armed service credit;

3. Members shall request the purchase by completing in full and signing the Military Credit Request form and submitting the form and the documentation to ERSRI;

4. Acceptable documentation includes a DD214, NGB 23, or other official documentation from the military branch served in stating actual dates of active duty service. Mere statements or affirmations by the individual member as proof of active duty are not acceptable;

5. Proof of honorable discharge must also be submitted;

6. A member is prohibited from purchasing armed service credit which is being credited towards retirement benefits in another system. Members who are receiving a military pension or who are eligible to receive a military pension based on this time shall be allowed to purchase the armed service credit;

7. It shall be the responsibility of the member to submit the required form and letter to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

8. Members electing to pay by installment shall pay consistent with § 1.11 of this Part.

1.6.15 Rules Regarding Rhode Island General Laws (R.I. Gen. Laws) §§36-9-25.1, 36-9-20.5, 16-16-5 and 45-21-14.2 Concerning the Purchase of Leave Service Credits Including the Purchase of Service Credit While on Inactive Status - Workers' Compensation

A. Introduction

This Administrative Rule pertaining to the purchase of leave service credits is promulgated pursuant to Rhode Island General Law (R.I. Gen. Laws) §36-8-3. The Rule shall be applicable to all requests to purchase under R.I. Gen. Laws §§ 36-9-25.1, 36-9-20.5, 16-16-5 and 45-21-14.2.

B. Definitions
1. References to the words "return to service" shall have the following meanings:
a. For purposes of this Regulation relating to State Employees, consistent with R.I. Gen. Laws § 36-8-1(18)"service" shall mean service as an employee of the State of Rhode Island as described in R.I. Gen. Laws § 36-8-1(9). For purposes of this Regulation relating to teachers, consistent with R.I. Gen. Laws § 16-16-1(a) (10)"service" shall mean service as a teacher as described in R.I. Gen. Laws § 16-16-1(a)(12).

b. For purposes of this Regulation relating to Municipal Employees including police and firefighters, consistent with R.I. Gen. Laws § 45-21-2(20)"service" means service as an employee of a municipality of the State of Rhode Island as described in R.I. Gen. Laws §§ 45-21-2(7) and 45-21.2-2.

C. Statutory Requirements
1. In order to purchase official leave the following conditions apply as required by R.I. Gen. Laws:
a. For purchases consistent with R.I. Gen. Laws §§ 36-9-25.1(a), 369-20.5 and 45-21-14.2, members must have at least one (1) year of service;

b. The member must have been granted an official leave of absence without pay by their appointing authority;

c. Subject to §1.6.15(C)(1)(h) of this Part below: For State employees, before making the purchase under R.I. Gen. Laws §§ 36-9-25.1 or 36-9-20.5, the member, upon completion of their official leave, must return to State service for at least one (1) year. For teachers, the purchase pursuant to R.I. Gen. Laws § 16-16-5 may be made once they return to active service as a teacher as defined in R.I. Gen. Laws § 16-16-1(12). Municipal employees must immediately return to municipal service for at least one (1) year upon completion of the official leave to be eligible to make the purchase under R.I. Gen. Laws § 45-21-14.2. All employees must make contributions to the retirement system upon return from official leave;

d. State employees or teachers who are in an inactive status on workers' compensation may purchase official leave credits, provided the State employee or teacher has not terminated employment. State employees and teachers may make the purchase while on official leave. Municipal employees on official leave/workers compensation must immediately return to municipal service for at least one (1) year upon completion of the leave pursuant to R.I. Gen. Laws § 45-21-14.2;

e. The member must complete the purchase by making payment in full on or before the date of retirement;

f. For municipal employees, the purchase amount for requests for official leave service credits, date stamped by ERSRI on or before June 30, 2012, shall be equal to the contribution the employee would have made to the retirement system based on their expected compensation, as defined by R.I. Gen. Laws § 36-8-1(8), plus regular interest compounded annually to the date of invoice by ERSRI.

g. For State employees and teachers, purchase requests received and date stamped after June 16, 2009 and prior to July 1, 2012 shall be at full actuarial value consistent with R.I. Gen. Laws § 368-1(10). For State employees, teachers and municipal employees, purchase requests received and date stamped after June 30, 2012, shall be at full actuarial value which shall be determined using the system's assumed investment rate of return minus one percent (1%) as defined in R.I. Gen. Laws § 36-8-1(10)(ii).

h. Consistent with R.I. Gen. Laws §§ 36-10-9(3)(vi), 16-16-12(d)(6), and 45-21-16(2)(II)(v) effective July 1, 2012, the purchase must be made within three (3) years of the time the official leave was concluded by the member. Requests for service purchases from time periods prior to June 30, 2012 may be made on or prior to June 30, 2015;

i. Credit for official leaves of absence, including time spent out of work on workers compensation shall be limited in the aggregate during the total service of an employee to a period of four (4) years.

D. Additional Requirements and Restrictions on the Purchase of Leave Service Credit
1. This Rule is applicable to all applications for the purchase of official leave which are received and date stamped by ERSRI on or after the effective date of this Regulation.

2. For Municipal employees, the return to service must occur immediately following completion of the leave. Lapses of time between the end of the leave and subsequent service for the State or another municipality or teaching in any of the public schools as well as termination of employment upon completion of or prior to completion of the official leave and subsequent reemployment shall indicate that the employee does not meet the requirements of this Regulation;

3. The Official Leave Verification form must be completed by the employer, current school official or former employer and must be submitted to ERSRI. No request to purchase leave service credit will be granted without this required documentation. No other documentation will be accepted.

4. It shall be the responsibility of the member to see that all parties complete the required form and the form must be submitted to ERSRI in a timely manner. Incomplete or inaccurate forms will be returned to the member and will result in a delay in processing the purchase and additional interest being added to the cost of the purchase;

5. Pursuant to R.I. Gen. Laws §§ 36-9-47, 16-16-8.1, and 45-21-64 members electing to pay by installment will have additional interest added to the cost of the purchase in accordance with these statutes and § 1.11 of this Part;

6. Leave without pay involving a reduction in scheduled work days or a reduction in scheduled work hours shall not be considered an official leave within the meaning of this Rule or R.I. Gen. Laws §§ 36-9-25.1, 16-16-5 and 45-21-14.2 and is not eligible for purchase unless the following additional requirements and conditions are met:
a. State and municipal employees, and teachers, who are on reduced schedule work days or reduced schedule work hours from their regular full or part-time employment must provide documentation of the official leave from their regular full or part-time employment, and will be eligible to make the purchase upon return to service. The pre-leave position must be a contributing position; i.e. not an emergency, seasonal or casual employment position.

b. For the purpose of calculating the four (4) year maximum allowance for official leave purchases, a calendar year will be used for State and municipal employees and a school year will be used for teachers.

E. Effective Date of Regulation

These Regulations shall become effective upon adoption by the Board. Thereafter, the Board shall file a copy of this Rule with the Secretary of State.

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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