Section 120-RICR-00-00-1.22 - Rules Regarding the Operation and Administration of R.I. Gen. Laws Section 36-9-25, Entitled Standard for Years' Service Credits for Active Members of the Employees' Retirement System of Rhode Island; Section 16-16-5, Entitled Service Creditable; and Section 45-21-14 Entitled Computation of Years of ServiceA. This Regulation governs the standard for a year of service credit for active and inactive members of the Employees' Retirement System of the State of Rhode Island ("ERSRI"). This Regulation shall not be applicable to retired members of ERSRI or the Municipal Employees' Retirement System of the State of Rhode Island ("MERS") and is not a replacement for the Rhode Island General Laws and § 1.6 of this Part governing the purchase of service credit.B. Statutory Standard 1. The retirement board shall fix and determine, by appropriate Rules and Regulations, how much service in any year is equivalent to a year of service, but in computing that service or in computing the compensation it shall credit no period of more than a month's duration during which a member was absent without pay nor shall more than one (1) year of service be credited on account of all service in one (1) calendar year. See R.I. Gen. Laws §§ 36-9-25, 16-16-5, and 45-21-14.2. Notwithstanding any other section of law, no member of the Retirement System shall be permitted to purchase service credit for any portion of a year for which they are already receiving service credit in this Retirement System.C. Service Credit for Members 1. One (1) year of service credit shall be equal to the number of days in the schedule below: Employer | Days required for 1 year of service credit |
State | Full Time, 260 days per year |
Teacher | Full Time, 180 days per year |
Municipal Employee | Full Time, 260 days per year |
10 Month School Employee | Full Time, 216 days per year |
11 Month School Employee | Full Time, 238 days per year |
2. Members working in positions designated and determined by the employer to be at least equal to twenty (20) hours per week but less than full time of thirty-five (35) or forty (40) hours and working consistent with the days noted above shall receive one (1) year of service credit.D. Service Credit for Members with Missing Time Members will be granted full-service credit for any pay periods where at least one (1) day of service credit was reported to ERSRI to a maximum of the number of days where corresponding contributions were paid as noted in the table below, per calendar year. No service shall be added if there is no contribution and service credit for the pay period, and under no circumstances shall greater than one twelfth (1/12) of an employee's annual contractual days be granted:
Employer | Status | Contributions in PP (Regular pay periods, not adjustment pay periods) | Days/Hours Reported per PP | Service to be Granted per PP | Max days to grant per year |
State | Full Time, 260 days per year | Any Amount | 1-10 days ( 7-70 hours) | 10 days (full pay period) | 22 workdays in a calendar year (=1/12 of annual days) |
Teacher | Full Time, 180 days per year | Any Amount | 1-10 days ( 6-70 hours) | 10 days (full pay period) | 15 workdays in a school year (=1/12 of school days) |
Municipal Employee | Full Time, 260 days per year | Any Amount | 1-10 days ( 7-70 hours) | 10 days (full pay period) | 22 workdays in a calendar year (=1/12 of annual days) |
10 Month School Employee | Full Time, 216 days per year | Any Amount | 1-10 days ( 7-70 hours) | 10 days (full pay period) | 18 workdays in a calendar year (=1/12 of annual days) |
11 Month School Employee | Full Time, 238 days per year | Any Amount | 1-10 days ( 7-70 hours) | 10 days (full pay period) | 20 workdays in a calendar year (=1/12 of annual days) |
E. This Regulation shall not apply to Teachers under R.I. Gen. Laws Chapter 16-16 for service periods prior to June 30, 2012.F. This Regulation shall not be applicable to Job Sharing positions as provided in § 1.20 of this Part - Membership and Service Credit.G. This Regulation shall not be applicable to partial pay periods at the member's beginning date of membership and end date of membership in the Plan. For example, for an employer pay period that begins on June 1 and ends on June 14: If a newly hired member were to begin their first day of employment on June 3, the member would only be credited with eight (8) days of service credit for this first pay period.H. § 1.22(D) of this Part shall not apply to members who are not consistently at least twenty (20) hour per week part-time employees consistent with R.I. Gen. Laws §§ 36-8-1(9) and 45-21-2(7). § 1.22(D) of this Part cannot be used to get to twenty (20) hour employment.I. Furlough days - Members who are participating in an employer sponsored furlough shall have this Regulation applied as follows: 1. If the member is on a furlough with a reduced salary but is required to work the full number of days in a standard pay period, no missing service credit will be assessed e.g., being paid for eight (8) days but required to work ten (10) days in a ten (10) day pay period.2. If the member is on a furlough with a reduced salary and is not required to work the full number of days in a standard pay period, e.g., being paid for eight (8) days and only required to work eight (8) days in a ten (10) day pay period, § 1.22(D) of this Part shall apply. However, in no event shall § 1.22(D) of this Part apply in addition to the number of days reduced due to furloughed work schedules in a calendar year. A member will be limited to no more than one twelfth (1/12) of an employee's annual contractual days.J. Applicability of this Regulation regarding awarded service credit described in § 1.22(D) of this Part shall be limited to apply to no more than the number of days in the table below within a member's total years of service credit. Employer | Maximum days to grant per year | Maximum days to grant over members total years of service |
State | 22 workdays in a calendar year (=1/12of annual days) | 44 workdays |
Teacher | 15 workdays in a school year (=1/12 of school days) | 30 workdays |
Municipal Employee | 22 workdays in a calendar year (=1/12 of annual days) | 44 workdays |
10 Month School Employee | 18 workdays in a calendar year (=1/12 of annual days) | 36 workdays |
11 Month School Employee | 20 workdays in a calendar year (=1/12 of annual days) | 40 workdays |
K. If a member is on either an official or unofficial leave without pay and returns to employment on a reduced schedule for a period, this Regulation would apply as described in § 1.22(D) of this Part. Any periods without contributions after the annual one twelfth (1/12) of awarded credit has been exhausted will count as missing time. 1. For example, a State Employee member who is compensated on a biweekly pay period is on a leave (e.g., FMLA, medical, maternity etc.) for twelve (12) weeks (six (6) bi-weekly pay periods or sixty (60) days). During this time, the member contributes on two (2) days of paid sick time each pay period and applies eight (8) days of leave without pay. The member will earn twelve (12) days of service credit for the days reported, receive twenty-two (22) days of awarded service credit during the twelve (12) weeks of leave and have twenty-six (26) days of missing time.L. This Regulation shall apply to terminated members on vested rights as well as active members as of the enacted date of the Regulation.M. This Regulation was approved by the Retirement Board on March 17, 2021 and shall take effect upon promulgation. This Regulation shall not be applied retroactively to members retired, and members retired and receiving benefits, as of the date of promulgation.120 R.I. Code R. 120-RICR-00-00-1.22
Adopted effective 5/27/2021