Rhode Island General Laws

R.I. Gen. Laws § 36-9.1-2 (2026)

Status of non-employee and non-teacher members

✓ current as of July 2026

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(a) Any individual who became a member of the retirement systems based solely on § 36-9-33 (repealed) or who purchased credit in the retirement systems based upon § 36-9-33 (repealed) shall no longer be entitled to membership and/or credit(s) and shall no longer receive any benefits of any type from the retirement systems which were based upon § 36-9-33 (repealed). By January 1, 1995, the retirement system shall return any contributions or purchases made pursuant to § 36-9-33 (repealed) by the individual and/or the individual’s employer with interest at the actuarially assumed rate earned by the retirement systems on its pension funds during the applicable time period since the contributions and/or purchase was made.

(b) The return of contributions or purchases shall be offset by any benefits already received by the individual from the retirement system.

(c) Nothing in this chapter shall be construed as prohibiting any individual from later becoming a member of the retirement systems or purchasing credits in accordance with applicable law.

Notes of Decisions

Cited in 3 cases, 1995–1999 · leading case: Nat'l Educ. Ass'n-Rhode Island ex rel. Scigulinsky v. Ret. Bd. of the Rhode Island Employees' Ret. Sys., 890 F. Supp. 1143 (D.R.I. 1995).

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Nat'l Educ. Ass'n-Rhode Island ex rel. Scigulinsky v. Ret. Bd. of the Rhode Island Employees' Ret. Sys., 890 F. Supp. 1143 (D.R.I. 1995). · cites it 3× “Defendants’ motions 1 assert that plaintiffs’ Complaint, challenging the constitutionality of R.I.Gen.Laws § 36-9.1-2, fails to state any legal claims for relief.”

Nat. Educ. Ass'nr. I. v. Ret. Bd. of Ri Empl. Sys., 890 F. Supp. 1143 (D.R.I. 1995). · cites it 3× “Defendants' motions [1] assert that plaintiffs' Complaint, challenging the constitutionality of R.I.Gen.Laws § 36-9.1-2, fails to state any legal claims for relief.”

Nat'l Educ. Ass'n-Rhode Island Ex Rel. Scigulinsky v. Ret. Bd. of the Rhode Island Employees' Ret. Sys., 172 F.3d 22 (1st Cir. 1999). “See R.I. Gen. Laws §§ 36-9.1-2(a), (b). Thus, the question for us is whether, apart from what has been paid in by the member or already paid out by the state, the prospective payments of the state’s share of the defined benefits are currently “property” of the plaintiffs under…”

— R.I. Gen. Laws § 36-9.1-2(a) — 1 case

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