Rhode Island General Laws

R.I. Gen. Laws § 45-21-4 (2026)

Acceptance by municipalities — Effective date

✓ current as of July 2026
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(a) Any municipality may accept this chapter by an ordinance or resolution of its governing body stating the group or groups of employees to be included as provided in § 45-21-7. When the ordinance or resolution has been approved, a certified copy of it shall be forwarded to the retirement board by the city clerk or the moderator of the financial town meeting. After the system has begun operations, the effective date of participation of any municipality shall be the first day of July at least ninety (90) days following the receipt by the retirement board of the certified copy of the ordinance or resolution as provided in this section.

(b) The Smithfield Town Council may by resolution provide that regular police officers hired after July 2, 1999 and/or regular firefighters who are members of Smithfield’s private pension system may become members of the Municipal Employees’ Retirement System of the State of Rhode Island in accordance with chapters 21 or 21.2 of this title. No resolution may be adopted by the Town of Smithfield pursuant to this subsection until an actuary study has been completed to determine the potential cost of the resolution. The cost of the actuary study shall be paid by the Town of Smithfield.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2026 · leading case: Elliott v. Town of Warren, 818 A.2d 652 (R.I. 2003).
Elliott v. Town of Warren, 818 A.2d 652 (R.I. 2003). · cites it 4× “Before this Court, Elliott reaffirms his contentions made in the Superior Court that in denying him relief under § 45-19-1 and finding that the town has maintained a viable disability pension system, the trial justice misapplied the law. He reasserts that the town’s entry into…”
McGrath v. Rhode Island Ret. Bd., 88 F.3d 12 (1st Cir. 1996). “See R.I. Gen. Laws § 45-21-4. If a city or town chooses to join, its eligible employees are required to become members of the plan and must contribute six percent of salary until they have reached the maximum amount of service credit attainable.”
McGrath v. Rhode Island Ret. Bd. Ex Rel. Mayer, 906 F. Supp. 749 (D.R.I. 1995). · cites it 4× “R.I.Gen.Laws § 45-21-4. The Retirement Board assumed responsibility for the municipal employees’ system, § 45-21-32, and since that time has run the two systems, in effect, as a single retirement system.”
O'Connell v. Bruce, 710 A.2d 674 (R.I. 1998). · cites it 2× “1956 § 45-19-1 by opting into the Municipal Employees Retirement System pursuant to G.L.1956 § 45-21-4. Thus the town of North Providence was authorized to pay an injured police officer retirement benefits based upon two-thirds of the officer’s salary.”
Lanni v. Ferrante, 688 A.2d 865 (R.I. 1997). · cites it 2× “It had elected to provide that pension system for its municipal employees when it enacted an ordinance, pursuant to G.L. 1956 § 45-21-4, that permitted the town to avail itself of the provisions of chapter 21 of title 45 of the Rhode Island General Laws.”
Sean M. O'Connell v. Employees' Ret. Sys. of Rhode Island (R.I. 2026). “See § 45-21-4 (the MERS opt- in provision); § 45-21.”
— R.I. Gen. Laws § 45-21-4(a) — 1 case
Elliott v. Town of Warren, 818 A.2d 652 (R.I. 2003). “Before this Court, Elliott reaffirms his contentions made in the Superior Court that in denying him relief under § 45-19-1 and finding that the town has maintained a viable disability pension system, the trial justice misapplied the law. He reasserts that the town’s entry into…”
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