Rhode Island § 36-9-5 - Retirement System — Membership and Service Credits

Full text of Rhode Island Rhode Island General Laws § 36-9-5 — Retirement System — Membership and Service Credits, with citation guidance and answers to common questions.

§ 36-9-5. Retirement System — Membership and Service Credits

R.I. Gen. Laws § 36-9-5

§ 36-9-5. Officers and employees exempt — Former court judges and clerks.

(a) The members of the general assembly and the general officers of the state, except to the extent herein provided, the judges of the supreme, superior, family, district courts, the traffic tribunal, judges of the workers’ compensation court except to the extent herein provided, school teachers as defined by § 16-16-1 except to the extent provided by chapter 17 of title 16, and members of the Rhode Island state police shall be exempt from the provisions of chapters 8 — 10 of this title; provided, however, that any justice or associate justice or judge of the supreme court, superior court, family court, district court, or traffic tribunal, chairperson of the workers’ compensation court, or judge of the workers’ compensation court who was a member of the retirement system prior to becoming a justice or associate justice or judge, shall, upon his or her filing with the retirement board a written waiver of all benefits under the provisions of §§ 8-3-7 — 8-3-11 or 28-30-15 — 28-30-18 be permitted to elect to remain a member of the retirement system by paying into the retirement system such sums as provided in § 36-10-1 computed on his or her salary as a justice, associate justice, or judge and shall be eligible for all benefits under this title.

(b) Any justice, associate justice, or judge who shall have retired in accordance with the provisions of this section and who shall be recalled to service shall be recalled in accordance with the provisions of § 8-3-7(c), § 28-30-15(b), or § 28-30-16, or § 28-30-16.1.

History of Section.
P.L. 1936, ch. 2334, § 14; G.L. 1938, ch. 18, § 14; P.L. 1941, ch. 1048, § 1; P.L. 1947, ch. 1971, § 10; impl. am. P.L. 1948, ch. 2102, § 1; G.L. 1956, § 36-9-5; P.L. 1973, ch. 192, § 1; P.L. 1979, ch. 256, § 1; P.L. 1985, ch. 458, § 3; P.L. 1988, ch. 616, § 1; P.L. 2007, ch. 334, § 3; P.L. 2007, ch. 402, § 3; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.

Source: official Rhode Island text · Last verified 2026-08-27

Frequently Asked Questions About Rhode Island § 36-9-5

What does Rhode Island General Laws § 36-9-5 cover?

Section 36-9-5 ("Retirement System — Membership and Service Credits") 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 § 36-9-5?

A common citation format is "Rhode Island General Laws § 36-9-5" (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 § 36-9-5 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.