Rhode Island § 36-10-10 - Retirement System — Contributions and Benefits
Full text of Rhode Island Rhode Island General Laws § 36-10-10 — Retirement System — Contributions and Benefits, with citation guidance and answers to common questions.
§ 36-10-10. Retirement System — Contributions and Benefits
R.I. Gen. Laws § 36-10-10
§ 36-10-10. Amount of service retirement allowance.
(a)(1)(i) For employees eligible to retire on or before September 30, 2009, upon retirement from service under § 36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A below for service prior to July 1, 2012:
| Years of Service | Percentage Allowance | |
|---|---|---|
| 1st through 10th inclusive | 1.7% | |
| 11th through 20th inclusive | 1.9% | |
| 21st through 34th inclusive | 3.0% | |
| 35th | 2.0% |
(ii) For employees eligible to retire on or after October 1, 2009, who were not eligible to retire on or before September 30, 2009, upon retirement from service under § 36-10-9, a member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with schedule A above for service on before September 30, 2009, and shall be determined in accordance with schedule B in subsection (a)(2) below for service on or after October 1, 2009, and prior to July 1, 2012.
(2) Upon retirement from service under § 36-10-9, a member whose membership commenced after July 1, 2005, or who has not completed at least ten (10) years of contributory service as of July 1, 2005, shall receive a retirement allowance which shall be determined in accordance with Schedule B below for service prior to July 1, 2012:
| Years of Service | Percentage Allowance | ||
|---|---|---|---|
| 1st through 10th inclusive | 1.60% | ||
| 11th through 20th inclusive | 1.80% | ||
| 21st through 25th inclusive | 2.0% | ||
| 26th through 30th inclusive | 2.25% | ||
| 31st through 37th inclusive | 2.50% | ||
| 38th | 2.25% | ||
(b) The retirement allowance of any member whose membership commenced before July 1, 2005, and who has completed at least ten (10) years of contributory service on or before July 1, 2005, shall be in an amount equal to the percentage allowance specified in subsection (a)(1) of the member’s average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation payable at completion of thirty-five (35) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however, for employees retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation. Any member who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until the member’s retirement.
The retirement allowance of any member whose membership commenced after July 1, 2005, or who had not completed at least ten (10) years of contributory service as of July 1, 2005, shall be in an amount equal to the percentage allowance specified in Schedule B of the member’s average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation payable at the completion of thirty-eight (38) years of service; provided, however, for employees retiring on or after October 1, 2009, who were not eligible to retire as of September 30, 2009, the calculation shall be based on the average highest five (5) consecutive years of compensation; provided, however, for employees retiring on or after July 1, 2024, the calculation shall be based on the average highest three (3) consecutive years of compensation.
(c) Any member with thirty-eight (38) years or more of service prior to December 31, 1985, shall not be required to make additional contributions. Contributions made between December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs, administrators, or legal representatives.
(d) For service prior to July 1, 2012, the retirement allowance of a member shall be determined in accordance with subsections (a)(1) and (a)(2) above. For service on and after July 1, 2012, a member’s retirement allowance shall be equal to:
(i) For members with fewer than twenty (20) years of total service as of June 30, 2012, one percent (1%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1 2012; and
(ii) For members with twenty (20) or more years of total service as of June 30, 2012, a member’s retirement allowance shall be equal to one percent (1%) of the member’s average compensation multiplied by the member’s years of total service between July 1, 2012, and June 30, 2015, and two percent (2%) of the member’s average compensation multiplied by the member’s years of total service on and after July 1, 2015. For purposes of computing a member’s total service under the preceding sentence, service purchases shall be included in total service only with respect to those service purchases approved prior to June 30, 2012, and those applications for service purchases received by the retirement system on or before June 30, 2012.
In no event shall a member’s retirement allowance exceed the maximum limitations set forth in paragraph (b) above.
History of Section.
P.L. 1984, ch. 12, § 2; P.L. 1985, ch. 331, § 2; P.L. 1986, ch. 542, § 1; P.L. 1987,
ch. 35, § 1; P.L. 1987, ch. 354, § 1; P.L. 1987, ch. 605, § 1; P.L. 2005, ch. 117,
art. 7, § 2; P.L. 2009, ch. 68, art. 7, § 3; P.L. 2011, ch. 408, § 7; P.L. 2011, ch.
409, § 7; P.L. 2015, ch. 141, art. 21, § 5; P.L. 2024, ch. 117, art. 12, § 5, effective
June 17, 2024.
Source: official Rhode Island text · Last verified 2026-08-27
Frequently Asked Questions About Rhode Island § 36-10-10
What does Rhode Island General Laws § 36-10-10 cover?
Section 36-10-10 ("Retirement System — Contributions and Benefits") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 36-10-10?
A common citation format is "Rhode Island General Laws § 36-10-10" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 36-10-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.