§16-16-5  Service creditable. –

Published: 2015

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Teachers' Retirement [See Title 16 Chapter 97 – The Rhode Island

Board of Education Act]

SECTION 16-16-5

   § 16-16-5  Service creditable. –

(a) In calculating "service", "prior service", or "total service" as defined in

§ 16-16-1, every teacher shall be given credit for a year of service for

each year in which he or she shall have served as a teacher; provided, that any

teacher who through illness or leave of absence without pay does not serve a

full school year may receive credit for a full school year of service by paying

the full actuarial cost as defined in § 36-8-1(9). Credit for leaves of

absence shall be limited, in the aggregate, during the total service of a

teacher to a period of four (4) years; provided, however, every teacher who had

been required to resign for maternity reasons may receive credit for maternity

reasons by making contribution to the system upon her return to teaching the

amount she would have contributed to the retirement system, with regular

interest, based upon her expected compensation but for her absence due to

maternity reasons.

   (b) The retirement board shall fix and determine the time

when and the conditions under which the payments shall be made.

   (c) Any teacher who serves or who has served during a school

year the number of days that the public schools are required by law to be in

session during the year shall be given credit for a year of service for that

year. In determining the number of days served by a substitute teacher the

total number of days served in any public school of any city or town in the

state may be combined for any one school year. Any teacher shall be entitled to

"prior service" credit for service prior to July 1, 1949, provided the teacher

shall have been in service during the school year 1949-1950. The teacher shall

be entitled to service credit for any year subsequent to July 1, 1949 in

accordance with this chapter, by making contribution to the retirement system

of the full actuarial cost for any such service credit.

   (d) Any teacher employed in at least a half ( 1/2) program

including a job share program, or working at least half the number of days that

the public schools are required to be in session, shall remain a contributing

member and shall receive credit for that part-time service on a proportional

basis. The purchase of any remaining program or job share time in which the

teacher did not work shall not be permitted.

   (e) In computing service or in computing compensation, the

retirement board shall credit no more than one year of service on account of

all service in one calendar year.

   (f) 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 he or she is already receiving service credit in

this retirement system.

History of Section.

(P.L. 1948, ch. 2101, § 3; P.L. 1951, ch. 2830, § 6; G.L. 1956,

§ 16-16-5; R.P.L. 1957, ch. 70, § 1; P.L. 1966, ch. 111, § 1;

P.L. 1979, ch. 211, § 1; P.L. 1980, ch. 174, § 2; P.L. 1981, ch. 175,

§ 1; P.L. 1987, ch. 584, § 1; P.L. 1994, ch. 139, § 6; P.L.

1994, ch. 142, § 7; P.L. 1997, ch. 169, § 1; P.L. 2001, ch. 86,

§ 36; P.L. 2009, ch. 68, art. 7, § 4; P.L. 2011, ch. 408, § 10;

P.L. 2011, ch. 409, § 10.)

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