§ 16-16-1 - Definitions. - Rhode Island Statutes

SECTION 16-16-1

   § 16-16-1  Definitions. – (a) The following words and phrases used in this chapter, unless a differentmeaning is plainly required by the context, have the following meanings:

   (1) "Active member" means any teacher as defined in thissection for whom the retirement system is currently receiving regularcontributions pursuant to §§ 16-16-22 and 16-16-22.1.

   Except as otherwise provided in this section, the words andphrases used in this chapter, so far as applicable, have the same meanings asthey have in chapters 8 to 10 of title 36.

   (2) "Beneficiary" means any person in receipt of annuity,benefit, or retirement allowance from the retirement system as provided in thischapter.

   (3) "Child" includes a stepchild of a deceased member who hasbeen a stepchild for at least one year immediately preceding the date on whichthe member died or an adopted child of a deceased member without regard to thelength of time the child has been adopted.

   (4) "Former spouse divorced" means a person divorced from adeceased member, but only if the person meets one of the following conditions:

   (i) Is the mother or father of the deceased member'schild(ren);

   (ii) Legally adopted the deceased member's child(ren) whilemarried to the deceased member and while the child(ren) was under the age ofeighteen (18) years; or

   (iii) Was married to the deceased member at the time both ofthem legally adopted a child(ren) under the age of eighteen (18) years.

   (5) "Member" means any person included in the membership ofthe retirement system under the provisions of this chapter.

   (6) "Prior service" means service as a teacher rendered priorto the first day of July, 1949, certified on his or her prior servicecertificate and allowable as prior service under the provisions of this chapter.

   (7) "Retired teacher" means any teacher who retired prior toJuly 1, 1949, pursuant to the provisions of G.L. 1938, ch. 195, as amended, andwho on June 30, 1949, was in receipt of a pension under the provisions of thatchapter.

   (8) "Retirement system" and "system" means the employees'retirement system of the state of Rhode Island created by chapter 8 of title36, and "retirement board" means the board established under that chapter.

   (9) "Salary" or "compensation" includes any and all salarypaid for teaching services regardless of whether any part of the salary orcompensation is derived from any state or federal grant or appropriation forteachers' salaries, as the term is defined in § 36-8-1(7).

   (10) "Service" means service as a teacher as described insubdivision (12) of this section. Periods of employment as teacher, principal,assistant principal, supervisor, superintendent, or assistant superintendentshall be combined in computing periods of service and employment.

   (11) "Spouse" means the surviving person who was married to adeceased member, but only if the surviving person meets one of the followingconditions:

   (i) Was married to the deceased member for not less than oneyear immediately prior to the date on which the member died;

   (ii) Is the mother or father of the deceased member'schild(ren);

   (iii) Legally adopted the deceased member's child(ren) whilemarried to the deceased member and while the child(ren) was under the age ofeighteen (18) years; or

   (iv) Was married to the deceased member at the time both ofthem legally adopted a child(ren) under the age of eighteen (18) years.

   (12) "Teacher" means a person required to hold a certificateof qualification issued by or under the authority of the board of regents forelementary and secondary education and who is engaged in teaching as his or herprincipal occupation and is regularly employed as a teacher in the publicschools of any city or town in the state, or any formalized, commissionerapproved, cooperative service arrangement. The term includes a person employedas a teacher, supervisor, principal, assistant principal, superintendent, orassistant superintendent of schools, director, assistant director, coordinator,consultant, dean, assistant dean, educational administrator, nurse teacher, andattendance officer or any person who has worked in the field of education or isworking in the field of education that holds a teaching or administrativecertificate and any teacher who serves during a school year at leastthree-quarters ( 3/4) of the number of days that the public schools arerequired by law to be in session during the year. In determining the number ofdays served by a teacher the total number of days served in any public schoolof any city or town in the state may be combined for any one school year. Theterm also includes a school business administrator whether or not theadministrator holds a teaching or administrative certificate, and also includesoccupational therapists and physical therapists licensed by the department ofhealth and employed by a school committee in the state, or by any formalized,commissioner approved, cooperative service arrangement.

   (13) "Teaching" includes teaching, supervising, andsuperintending or assistant superintending of schools.

   (14) "Total service" means prior service as defined insubdivision (6) of this section, plus service rendered as a member of thesystem on or after the first day of July, 1949.

   (15) For purposes of this chapter, "domestic partner" shallbe defined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:

   (i) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;

   (ii) Neither partner was married to anyone else;

   (iii) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;

   (iv) Partners resided together and had resided together forat least one year at the time of death; and

   (v) Partners were financially interdependent as evidenced byat least two (2) of the following:

   (A) Domestic partnership agreement or relationship contract;

   (B) Joint mortgage or joint ownership of primary residence;

   (C) Two (2) of: (I) joint ownership of motor vehicle; (II)joint checking account; (III) joint credit account; (IV) joint lease; and/or

   (D) The domestic partner had been designated as a beneficiaryfor the decedent's will, retirement contract or life insurance.

   (b) The masculine pronoun wherever used shall also includethe feminine pronoun.