Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Rules and Regulations (120-RICR-10-00-1)

Regulation Authority:

R.I.G.L. §§36-8-2, 36-8-3; 36-8-4, 36-8-4.1, 45-21-32, 45-21.2-1 et seq., and 16-16-1 et seq.

Purpose and Reason:

In accordance with the Administrative Procedures Act, Section 42-35-2.6 of the General Laws of Rhode Island, the following is a concise explanatory statement: Reason for Rulemaking: 1) Regulation 1.1 was amended to add new definitions; revise the committee structure and meeting schedules to increase committee activities; clarify and/or expand board and subcommittee authority and duties; clarify board education and professional development; expand the duties of the executive director; revise and redefine board subcommittees including addition of a new subcommittee; allow flexibility for meeting times. Technical changes were made throughout. 2) Regulation 9.1 was amended to remove the requirement that an applicant be at maximum medical improvement in order to proceed with their disability application; remove appeals from the full board and revise the appeals process for applications which have been denied; added a section to clarify disability subcommittee composition and alternate members. Technical changes were made throughout. 3) An amendment was made to add Regulation 17.1 to ensure a consistent application of the retirement laws and rules governing post retirement employment as they relate to state colleges, universities or state schools and state operated facilities. The rule provides the process and procedures for determining when a retiree exceeds the statutory earnings limitations and how the retirees’ pension benefit will be affected pursuant to Rhode Island General Laws §36-10-36. Testimony and Comments: There were no arguments made during the testimony and comment period. Change to Text of the Rule: there were no changes to the text of the rule aside from those proposed changes noted above. The formatting of the rules and regulations was changed to comply with the Rhode Island Code of Regulations (RICR) formatting and includes a new section setting forth the effective date. REGULATORY ANALYSIS: The amendments seek to clarify the duties, responsibilities, and processes of the Employees’ Retirement System, the Municipal Employees’ Retirement System, the Retirement Board and subcommittees and to provide the retirement board, ERSRI staff, members and beneficiaries of the state administered retirement systems and their employers with a uniform set of procedures regarding administration of retirement benefits. The regulation changes do not impact any industry and there is no negative societal cost of compliance.