Bill Sponsors
Bennett, Corvese, Potter, DeSimone, Solomon, Casimiro, Shanley, Noret, Dawson, and Read
Committee
House Finance
Summary
Select
This legislation increases the amount of money retired teachers and state employees can earn if they return to work part-time to teach driver education or motorcycle safety courses. Currently, these retirees can earn up to $15,000 per year without it affecting their pension payments. This bill raises that limit to match the cap set for other part-time faculty, which is currently $25,000 per year. This allows these instructors to work more hours or receive higher pay while retaining their full retirement benefits.
Sponsor
Analysis
Pros for Progressives
- Ensures fair compensation for retired educators by aligning their earnings cap with other post-retirement faculty positions, promoting equity in public service roles.
- Supports the availability of essential public safety instruction (driver education) by encouraging experienced instructors to continue serving the community without financial penalty.
- Provides greater financial security for elderly retirees who wish to supplement their fixed pension income amidst rising costs of living.
Cons for Progressives
- May discourage the hiring of younger, non-retired workers for these positions by incentivizing the retention of retirees who are already collecting a state pension.
- Perpetuates a system of "double-dipping" where individuals collect both a government pension and a government salary, which some may view as an inequitable distribution of state funds.
- Does not address the potential underlying issue of whether base pension payments are sufficient for retirees to live on without seeking additional employment.
Pros for Conservatives
- Promotes government efficiency by utilizing experienced, part-time labor which avoids the higher costs associated with hiring new full-time employees with benefit packages.
- Reduces government restrictions on an individual's right to work and earn a living, allowing retirees more economic freedom.
- Addresses labor shortages in driver education through market incentives rather than creating new government programs or bureaucracies.
Cons for Conservatives
- Expands the use of taxpayer funds to pay individuals who are already receiving a taxpayer-funded pension, increasing the total burden on the state budget.
- Allows public sector employees to bypass standard retirement consequences, potentially delaying the turnover of government positions.
- Increases the complexity of pension administration and monitoring, potentially leading to administrative overhead in the retirement system.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Retired teachers
- Driver education instructors
- Motorcycle safety instructors
- Department of Elementary and Secondary Education
- State Retirement Board
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Public Services
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Regulatory
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Clarity of Bill Language
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Environmental Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Finance
Bill Text
SECTION 1. Section 36-10-36 of the General Laws in Chapter 36-10 entitled "Retirement System — Contributions and Benefits" is hereby amended to read as follows:
36-10-36. Post-retirement employment.
(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and all retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional service credits shall be granted for any post-retirement employment or reemployment and no deductions shall be taken from an individual’s salary for retirement contribution. Notice of any such post- retirement employment or reemployment shall be sent monthly to the retirement board by the employing agency or department and by the retired member.
(b) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has accepted the provisions of chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day pay in any one calendar year without any forfeiture or reduction of any retirement benefits and allowances the member is receiving, or may receive, as a retired member. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken, and no additional service credits shall be granted, for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member.
(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has not accepted the provisions of chapter 21 of title 45 and that does not participate in the municipal employees’ retirement system.
(d) Notwithstanding the provisions of this section:
(1) Any retired member of the system shall be permitted to serve as an elected mayor, the town administrator, the city administrator, the town manager, the city manager, the chief administrative officer, or the chief executive officer of any city or town, city or town council member, school committee member, or unpaid member of any part-time state board or commission or member of any part-time municipal board or commission, and shall continue to be eligible for, and receive, the retirement allowance for service other than that as a mayor, administrator, council member, school committee member, or member of any state board or commission or member of any part-time municipal board or commission; provided, however, that no additional service credits shall be granted for any service under this subsection;
(2) Any retired member, who retired from service at any state college, university, state school, or who retired from service as a teacher under the provisions of title 16, or who retired from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state college, university, or state school for the purpose of providing classroom instruction, academic advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the salary provided to other faculty members employed under a collective bargaining agreement at the institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars ($25,000) in any one calendar year. Any retired member who provides such instruction or service shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, however, that no additional service credits shall be granted for any service under this subsection;
(3) Any retired member who retired from service as a teacher under the provisions of title 16, or as a state employee who, while an active state employee, was certified to teach driver education by the department of elementary and secondary education or by the board of governors for higher education, may be employed or reemployed, on a part-time basis, by the department of elementary and secondary education or by the board of governors of higher education for the purpose of providing classroom instruction in driver education courses in accordance with § 31- 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event shall “part-time” mean gross pay of more thanfifteen thousand dollars ($15,000) the gross pay LC003858 - Page 2 of 5 referenced in subsection (d)(2) of this section in any one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher; provided, however, that no additional service credits shall be granted for any service under this subsection;
(4) Any retired member who retired from service as a registered nurse may be employed or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or services at a state-operated facility in Rhode Island, including employment as a faculty member of a nursing program at a state-operated college or university. In no event shall “part-time” mean gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days with half pay in any one calendar year. Any retired nurse who provides such care and/or services shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no additional service credits shall be granted for any service under this subsection. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken and no additional service credits shall be granted for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member;
(5) Any retired member who, at the time of passage of this section, serves as a general magistrate within the family court and thereafter retires from judicial service, may be employed or reemployed by the family court to perform such services as a general magistrate of the family court as the chief judge of the family court shall prescribe without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive. For any such services or assignments performed after retirement, the general magistrate shall receive no compensation whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional service credits shall be granted for this service;
(6) Any retired district court clerk/magistrate or magistrate of the district court who shall subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be employed or reemployed by the district court to perform such services as a magistrate as the chief judge of the district court shall prescribe without any forfeiture or reduction of any retirement benefits and allowance that they are receiving or may receive. For any such services or assignment performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition to their retirement pension, the difference in pay and fringe benefits between their retirement pension, and that of a sitting magistrate of the district court with comparable state service time. No additional contributions shall be taken and no additional service credits shall be granted for this service; and LC003858 - Page 3 of 5
(7) Any retired member of the system shall be permitted to serve as a municipal employee without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive; provided, that said member shall be appointed by and serves at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided further, that no additional service credits shall be granted for any service under this subsection.
SECTION 2. This act shall take effect upon passage.
36-10-36. Post-retirement employment.
(a) On and after July 7, 1994, no member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any state agency or department unless any and all retirement benefits to which the member may be entitled by virtue of the provisions of title 16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional service credits shall be granted for any post-retirement employment or reemployment and no deductions shall be taken from an individual’s salary for retirement contribution. Notice of any such post- retirement employment or reemployment shall be sent monthly to the retirement board by the employing agency or department and by the retired member.
(b) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has accepted the provisions of chapter 21 of title 45 and participates in the municipal employees’ retirement system for a period of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day pay in any one calendar year without any forfeiture or reduction of any retirement benefits and allowances the member is receiving, or may receive, as a retired member. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken, and no additional service credits shall be granted, for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member.
(c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed or reemployed by any municipality within the state that has not accepted the provisions of chapter 21 of title 45 and that does not participate in the municipal employees’ retirement system.
(d) Notwithstanding the provisions of this section:
(1) Any retired member of the system shall be permitted to serve as an elected mayor, the town administrator, the city administrator, the town manager, the city manager, the chief administrative officer, or the chief executive officer of any city or town, city or town council member, school committee member, or unpaid member of any part-time state board or commission or member of any part-time municipal board or commission, and shall continue to be eligible for, and receive, the retirement allowance for service other than that as a mayor, administrator, council member, school committee member, or member of any state board or commission or member of any part-time municipal board or commission; provided, however, that no additional service credits shall be granted for any service under this subsection;
(2) Any retired member, who retired from service at any state college, university, state school, or who retired from service as a teacher under the provisions of title 16, or who retired from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state college, university, or state school for the purpose of providing classroom instruction, academic advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the salary provided to other faculty members employed under a collective bargaining agreement at the institution. In no event shall “part-time” mean gross pay of more than twenty-five thousand dollars ($25,000) in any one calendar year. Any retired member who provides such instruction or service shall do so without forfeiture or reduction of any retirement benefit or allowance; provided, however, that no additional service credits shall be granted for any service under this subsection;
(3) Any retired member who retired from service as a teacher under the provisions of title 16, or as a state employee who, while an active state employee, was certified to teach driver education by the department of elementary and secondary education or by the board of governors for higher education, may be employed or reemployed, on a part-time basis, by the department of elementary and secondary education or by the board of governors of higher education for the purpose of providing classroom instruction in driver education courses in accordance with § 31- 10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event shall “part-time” mean gross pay of more than
(4) Any retired member who retired from service as a registered nurse may be employed or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or services at a state-operated facility in Rhode Island, including employment as a faculty member of a nursing program at a state-operated college or university. In no event shall “part-time” mean gross pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days with half pay in any one calendar year. Any retired nurse who provides such care and/or services shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no additional service credits shall be granted for any service under this subsection. Pension payments shall be suspended whenever this period is exceeded. No additional contributions shall be taken and no additional service credits shall be granted for this service. Notice of this employment or reemployment shall be sent monthly to the retirement board by the employer and by the retired member;
(5) Any retired member who, at the time of passage of this section, serves as a general magistrate within the family court and thereafter retires from judicial service, may be employed or reemployed by the family court to perform such services as a general magistrate of the family court as the chief judge of the family court shall prescribe without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive. For any such services or assignments performed after retirement, the general magistrate shall receive no compensation whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional service credits shall be granted for this service;
(6) Any retired district court clerk/magistrate or magistrate of the district court who shall subsequently be assigned to perform service in accordance with § 8-8-8.1 or § 8-8-16.2(e), may be employed or reemployed by the district court to perform such services as a magistrate as the chief judge of the district court shall prescribe without any forfeiture or reduction of any retirement benefits and allowance that they are receiving or may receive. For any such services or assignment performed after retirement, the district court clerk/magistrate or magistrate shall receive, in addition to their retirement pension, the difference in pay and fringe benefits between their retirement pension, and that of a sitting magistrate of the district court with comparable state service time. No additional contributions shall be taken and no additional service credits shall be granted for this service; and LC003858 - Page 3 of 5
(7) Any retired member of the system shall be permitted to serve as a municipal employee without any forfeiture or reduction of any retirement benefits and allowances that the member is receiving or may receive; provided, that said member shall be appointed by and serves at the pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town subject to the provisions of chapter 9 of title 45 entitled “Budget Commissions” relating to the appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided further, that no additional service credits shall be granted for any service under this subsection.
SECTION 2. This act shall take effect upon passage.