Rhode Island General Laws

R.I. Gen. Laws § 36-9-2 (2026)

Membership of persons employed after establishment of system

✓ current as of July 2026
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All employees as defined in chapter 8 of this title who became employees on or after July 1, 1936, shall, under contract of their employment become members of the retirement system and shall receive no pension or retirement allowance from any other pension or retirement system supported wholly or in part by the state of Rhode Island, except as provided in chapter 10.3 of title 36 and § 36-9-3, nor shall they be required to make contributions under any other pension or retirement system of the state except as provided in chapter 10.3 of title 36, anything to the contrary notwithstanding; provided, however, that this section shall not apply to those employees who may be required or elect to participate in a retirement program existing by virtue of chapter 17.1 of title 16 or § 36-10-9.1.

Notes of Decisions
Cited in 6 cases, 1997–2012 · leading case: Cipolla v. Ri Coll., Bd. of Governors, 742 A.2d 277 (R.I. 1999).
Cipolla v. Ri Coll., Bd. of Governors, 742 A.2d 277 (R.I. 1999). · cites it 2× “G.L.1956 § 36-9-2. Consequently, this is an issue purely of state law, and our decision is not controlled by the earlier decisions of the United States Supreme Court.”
City of Cent. Falls v. Cent. Falls Teachers' Union, Rhode Island Council 94, Local 1627, 468 B.R. 36 (Bankr. D.R.I. 2012). · cites it 2× “All state employees and teachers are required under Rhode Island law, R.I. Gen. Laws § 36-9-2, to participate in the Employees Retirement System of the State of Rhode Island (“ERSRI”).”
Rhode Island Bd. of Governors for Higher Educ. v. Newman, 688 A.2d 1300 (R.I. 1997). · cites it 2× “G.L.1956 § 36-9-2 excludes "employees who may be required or elect to participate in a retirement program existing by virtue of chapter 17.”
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× “See R.I. Gen. Laws § 36-9-2 (state employees); § 16-16-2 (public school teachers); § 45-21-8 (municipal employees).”
Nat. Educ. Ass'n-rhode Island v. Ret. Bd., 972 F. Supp. 100 (D.R.I. 1997). · cites it 2× “See R.I. Gen. Laws § 36-9-2 (state employees); § 16-16-2 (public school teachers); § 45-21-8 (municipal employees).”
Almeida v. Ret. Bd. of the Rhode Island Employees Ret. Sys., 116 F. Supp. 2d 269 (D.R.I. 2000). · cites it 2× “See R.I. Gen. Laws § 36-9-2 (1997)(establishing that state employees shall become members of the Retirement System); id.”
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