§ 36-10-10.1. Amount of service retirement allowance - Legislators. (a) Every person who shall have served as a member of the senate or of the house of representatives as provided in § 36-10-9.1 shall be entitled to receive, upon retirement from service as a member of the general assembly and not otherwise regularly employed by the state of Rhode Island or any of its agencies, commissions, or bureaus an annual sum of six hundred dollars ($600) for each year of total service as determined in § 36-10-9.1; provided, however, that no person shall receive more than twelve thousand dollars ($12,000) annually, and provided further, however, that the retirement allowance shall be diminished by the amount of any other allowance or payment in the form of wages or salary to which the person shall be entitled from the state of Rhode Island or any of its agencies, commissions, or bureaus pursuant to any other general or special law of the state of Rhode Island, excepting amounts received under the old age and survivors disability insurance program. If any person shall reenter service of the state of Rhode Island or any of its agencies, commissions, or bureaus in any capacity other than as a member of the senate or of the house of representatives and shall render at least two (2) years of service, he or she shall have the option of electing the service retirement allowance provided in this subsection or the service retirement allowance under the other provisions of this chapter. No member of the general assembly, however, shall be permitted to receive the retirement allowance while serving in the general assembly.

(b) Any member of the general assembly who was duly elected at a special election shall be entitled to receive service credit for the full year during which he or she was duly elected and certified, and any legislator serving during the January 1983, session shall be given credit for a full year, provided the legislator pays to the retirement system a lump sum amount equal to the full actuarial value of the credit as certified by the retirement board.

(c) The provisions of this section shall apply regardless of the date of retirement; provided, however, that no senator or representative, except those in service on July 1, 1983, may purchase more than four (4) years of outside time from whatever source.

(d) Any legislator, elected at the general election in 1988, or thereafter, to serve as a member of the general assembly, shall not include other credits for the purposes of this section, except military service as provided in § 36-9-31; provided however, that the provisions of this subsection shall not apply to any legislator who was elected to serve as a member of the general assembly prior to the general election of 1988.

(e)(1) If a person is entitled under subsection (a) of this section to an annual retirement allowance which is in excess of the amount permitted by § 415(b)(4) of the Internal Revenue Code, 26 U.S.C. § 415(b)(4), the amount in excess of ten thousand dollars ($10,000):

(i) Shall be paid until June 30, 1995, notwithstanding the limitation on benefits imposed by § 36-8-20(e), relating to § 415 of the Internal Revenue Code of 1986; and

(ii) Shall be paid from the retirement system after June 30, 1995, only to the extent permitted by the limitation on benefits imposed by § 36-8-20(e).

(2) Any amount not permitted to be paid by the retirement system under subdivision (e)(1)(ii) of this section shall be paid out of general funds, but only to the extent that amounts have been appropriated for those payments.

History of Section. (P.L. 1984, ch. 12, § 2; P.L. 1987, ch. 370, § 1; P.L. 1994, ch. 87, § 5.)