Rhode Island General Laws

R.I. Gen. Laws § 36-8-2 (2026)

Establishment of system

✓ current as of July 2026

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A retirement system is hereby established and placed under the management of the retirement board for the purpose of providing retirement allowances for employees of the state of Rhode Island under the provisions of chapters 8 — 10 of this title. The retirement system so created shall begin operation as of July 1, 1936. It shall have the power and privileges of a corporation and shall be known as the “employees’ retirement system of the state of Rhode Island”, and by that name all of its business shall be transacted, all of its funds invested, and all of its cash, securities, and other property held.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1988–2026 · leading case: Joseph Clifford v. Gina Raimondo, in her capacity as Governor of the State of Rhode Island Rhode Island Pub. Employees' Retiree Coalition v. Gina Raimondo, in her capacity as Governor of the State of Rhode Island, 184 A.3d 673 (R.I. 2018).

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Joseph Clifford v. Gina Raimondo, in her capacity as Governor of the State of Rhode Island Rhode Island Pub. Employees' Retiree Coalition v. Gina Raimondo, in her capacity as Governor of the State of Rhode Island, 184 A.3d 673 (R.I. 2018). · cites it 2× “5 See G.L. 1956 §§ 36-8-2 and 36-8-4(a). MERS, "which includes locally funded plans[,]" was established in 1951.”

Rhode Island Fed'n of Teachers v. Employees' Ret. Sys., 542 A.2d 249 (R.I. 1988). “General Laws 1956 (1984 Reenactment) § 36-8-2. In 1949 the Legislature included school teachers in the retirement system.”

Nat'l Educ. Ass'n v. Ret. Bd. of the Rhode Island Employees' Ret. Sys., 972 F. Supp. 100 (D.R.I. 1997). · cites it 2× “2334; R.I. Gen. Laws § 36-8-2. State employees, public school teachers, and employees of participating municipalities who otherwise meet the eligibility requirements are able to participate in the Retirement System.”

The City of Cranston v. Int'l Bhd. of Police Officers, Local 301 (R.I. 2020). · cites it 6× “]” General Laws 1956 § 36-8-2; see § 36-8-3. Section 36-8-1(16) defines “retirement allowance” as “annual payments for life made after retirement under and in accordance with chapters 8 to 10 of this title.”

Nat. Educ. Ass'n-rhode Island v. Ret. Bd., 972 F. Supp. 100 (D.R.I. 1997). · cites it 2× “2334; R.I. Gen. Laws § 36-8-2. State employees, public school teachers, and employees of participating municipalities who otherwise meet the eligibility requirements are able to participate in the Retirement System.”

Efreom v. Raimondo (D.R.I. 2021). “financial statement, the controller shall transfer all general revenues received in the completed fiscal year, net of transfer to state budget reserve and cash stabilization account as required by § 35-3-20, in excess of those estimates adopted for that year as contained in the…”

Sean M. O'Connell v. Employees' Ret. Sys. of Rhode Island (R.I. 2026). “” General Laws 1956 § 36-8-2. The state retirement system contains its own accidental disability retirement provisions that govern access to an accidental disability pension for state employees.”

Parella, et al. v. RI Ret. Brd. (D.N.H. 1997). “It has "the power and privileges of a corporation," R.I. Gen. Laws § 36-8-2, and therefore has the power to hold property, to sue and be sued, to make contracts, to make guarantees, and to incur liabilities in its own name.”

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