§ 36-10-9.1. Retirement on service allowance - Legislators. (a) Every person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20, and/or including up to four (4) years of military service as defined in § 36-9-31, for a period in the aggregate of eight (8) years, and having attained the age of fifty-five (55) years shall be entitled to receive a retirement allowance, as in § 36-10-10.1 upon application therefor to the retirement board; provided, however, that any person who shall have served as a member of the senate or of the house of representatives, or in combination of both the senate and the house of representatives, and/or other employment as defined in § 36-9-20, and/or including up to four (4) years of military service as defined in § 36-9-31, for a period in the aggregate of twenty (20) years or more shall be entitled to receive a retirement allowance as in § 36-10-10.1 regardless of his or her age upon completion of the twenty (20) years; provided further, however, that if any person who shall have served as a member of the senate or the house of representatives, or in combination of both the senate or the house of representatives, and/or other employment as defined in § 36-9-20, for a period in the aggregate of eight (8) years dies leaving a surviving spouse or domestic partner, the benefit as provided by § 36-10-10.1 shall be payable to his or her spouse or domestic partner to be continued for his or her lifetime or remarriage or establishment of a domestic partnership.

(b) No legislator shall be eligible for benefits under this section unless the legislator shall have served a minimum of four (4) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives.

(c) Except as hereinafter provided, any legislator, elected at the general election in 1988 or thereafter to serve as a member of the general assembly shall not be eligible for benefits under subsection (a) of this section unless the legislator shall have served a minimum of eight (8) years as a member of the senate or the house of representatives or in combination of both the senate and the house of representatives; 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.

(d) Service credits earned prior to January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person for any retirement purpose permitted under current law.

(e) Service credits earned on or after January 5, 1993, by a person as a member of the senate or of the house of representatives or in combination of both the senate and the house of representatives may be utilized by that person only for the purposes of § 36-10-10.1.

History of Section. (P.L. 1983, ch. 211, §§ 1, 2; P.L. 1986, ch. 550, § 1; P.L. 1987, ch. 370, § 1; P.L. 1992, ch. 306, art. 1, § 7; P.L. 2007, ch. 510, § 11.)