SECTION 1. Chapter 45-21 of the General Laws entitled "Retirement of Municipal Employees" is hereby amended by adding thereto the following section: 45-21-54.1. Optional post-retirement employment for certain public safety administrators.
(a) Definitions. As used in this section:
(1) “Administrative position” means a police chief, deputy chief, assistant chief, fire chief, deputy chief, assistant chief, fire marshal, public safety director, town manager, city manager, or other department-head position designated as administrative by the retirement board by rule or regulation.
(2) “Optional post-retirement employment election” means an affirmative written election made by a public safety retiree under this section.
(3) “Public safety retiree” means a retired member of the municipal employees’ retirement system who retired from service as a police officer or firefighter and is receiving a service retirement allowance pursuant to this chapter.
(b) Optional election. Notwithstanding the provisions of § 45-21-54 or any general or special law to the contrary, a public safety retiree may elect to be reemployed by a municipal employer in an administrative position without limitation on the number of days worked or the compensation earned, in lieu of the post-retirement employment limitations otherwise applicable under this chapter.
(c) No additional retirement benefit. A retiree participating under this section:
(1) Shall not accrue additional service credit in the municipal employees’ retirement system;
(2) Shall not be eligible for recalculation, enhancement, or increase of retirement benefits as a result of such reemployment;
(3) Shall remain subject to all applicable federal tax requirements, including bona fide termination of employment prior to retirement.
(d) Contribution requirement.
(1) A public safety retiree who elects optional post-retirement employment under this section shall remit a contribution equal to five percent (5%) of the compensation earned during the period of reemployment.
(2) The contribution shall be remitted to the employees’ retirement system of Rhode Island by the employer in a manner prescribed by the retirement board.
(3) Contributions made pursuant to this subsection shall not be credited toward service credit or used in the calculation of any retirement benefit.
(4) The contribution required under this subsection may be paid by the retiree, the employer, or shared between the parties as determined by agreement.
(e) Age limitation. A public safety retiree shall not participate in optional post-retirement employment under this section after attaining sixty-eight (68) years of age.
(f) Same position restriction. A retiree shall not retire and be reemployed under this section in the same position held immediately prior to retirement.
(g) Rules and regulations. The retirement board shall promulgate such rules and regulations as are necessary to implement and administer the provisions of this section, including verification of eligible administrative positions, reporting procedures, contribution remittance, and compliance with federal law.
SECTION 2. This act shall take effect upon passage.