Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[Added 2-17-2011 by Ord. No. 2011-1]
The Town of Johnston (hereinafter the "Town") Fire Fighter and Police Officer Pension Fund (hereinafter the "fund") is hereby established for the purpose of providing retirement pension benefits, survivors' benefits and other benefits for firefighters and police officers of the Town, pursuant to the provisions of the applicable state law and the Town Charter. The effective date of the fund shall be upon final passage of this article and shall affect all active employees and members of the Town retirement system for both the Fire and Police Departments as such individuals are defined herein, with the exception of those members currently enrolled in the Rhode Island Municipal Employees' Retirement System (MERS). Any and all ordinances and parts thereof inconsistent herewith are hereby repealed.
A. 
The fund created by this article shall be construed to be a trust, separate and distinct from all other entities. The responsibility for the direction and operation of the fund and for making effective the provisions thereof is hereby vested in a Retirement Board (hereinafter the "Board"). The Board shall consist of seven members, who shall be elected according to the rules of election to be adopted by the Board, as follows:
(1) 
One member representing the Town, who shall be the Director of Finance.
(2) 
One police officer who is a member of the IBPO, Local 307, having at least five years of credited service, and shall be selected by the IBPO, Local 307.
[Amended 6-14-2011 by Ord. No. 2011-5]
(3) 
One firefighter who is a member of the IAFF, AFL-CIO, Local 1950, having at least five years of credited service, and shall be selected by the IAFF, AFL-CIO, Local 1950.
[Amended 6-14-2011 by Ord. No. 2011-5]
(4) 
Two members shall be designees of the Town Council.
(5) 
Two members shall be designees of the Mayor.
B. 
Each member of the Board shall serve for two years and shall continue in office until his/her successor is appointed and qualified. Upon the initial appointment, one appointee of the Mayor and one appointee of the Town Council will serve a one-year term, and the second appointee will serve a two-year term. Any member who is a firefighter or police officer shall be disqualified to serve in that capacity upon termination of service with the Town. If a vacancy occurs for a member's position on the Board, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.
C. 
Each member shall take an oath that, so far as it devolves upon him/her, he/she will diligently and honestly administer the affairs of the Board and that he/she will not knowingly or willfully permit to be violated any of the provisions of this article applicable to the fund. Such oath shall be subscribed by the member making it, certified by the officer before whom it is taken and immediately filed with the Town Clerk. A member shall be deemed to have qualified for membership on the Board when such oath shall have been filed.
D. 
Subject to the limitations of the pension plans, the Board shall, from time to time, establish rules and regulations for the administration of the fund and to implement the provisions of this article as may be required. It shall hold regular meetings at least quarterly in each year and such special meetings as may be necessary. The annual meeting shall be held in the month of January of each year. All meetings shall be open to the public, and a record of the proceedings of all meetings shall be kept by the Board.
E. 
Each member shall be entitled to one vote on the Board, and the concurrence of four members shall be necessary for a decision at any regular or special meeting.
F. 
No members shall be employed in the actuarial or investment service industry.[1]
[1]
Editor's Note: Former Subsection G, providing the Board exclusive original jurisdiction, which immediately followed this subsection, was repealed 2-10-2014 by Ord. No. 2014-1.
G. 
The over all matters relating to or affecting the fund, including all claims for benefits and refunds, and its actions, decisions or determinations in any matter shall be reviewable according to law.
The Board shall have the following officers, whose duties shall be prescribed by the bylaws to be adopted by the Board:
A. 
A Chair, Vice Chair and Secretary shall be elected from among its members;
B. 
The Director of Finance shall be the Treasurer of the fund and have custody of its monies and securities; all disbursements by the fund shall be made by the Director of Finance upon authorization of the Board;
C. 
The Town Solicitor, ex officio, shall be legal counsel to the Board and shall represent the Board in all litigation affecting the fund and shall be responsible for conducting any and all investigations regarding administration of the fund and its members;
D. 
A medical director shall be appointed to advise the Board on medical questions pertaining to claims received by the Board and on any other matters requiring medical advice that may arise in the administration of the fund. The medical director shall not be a resident of the Town of Johnston.
The Board may engage such actuarial, investment, administrative and other services as may be required or deemed advisable to transact the business of the fund, subject to the advice and consent of the Town Council.
Membership of the fund shall include:
A. 
All present employees of the Fire Department or the Police Department of the Town on the effective date having previously been sworn in as a firefighter or police officer, including those on probationary status, and all members of the retirement system for the Fire Department and Police Department.[1]
[1]
Editor's Note: Former Subsection B, concerning temporary absence on the effective date, and Subsection C, concerning whom membership would not include, both of which followed this subsection, were repealed 2-10-2014 by Ord. No. 2014-1.
A. 
Beginning as of the effective date, each member shall contribute, as his/her share of the cost of the pension benefits and benefits prescribed in this article, the amount provided for in the recognized collective bargaining agreement negotiated between the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the member's respective employment with the Town. These contributions shall be made in the form of a deduction from salary notwithstanding that the salary paid in cash to such member shall be reduced thereby below the minimum prescribed by law. Each member shall be deemed to consent to such deductions, and payment to a member of salary less deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such member during the period covered by the payment, except as to the benefits provided in this article.
B. 
For service rendered after the effective date, the Town shall make contributions concurrently with the contributions by the members in the amount set forth in the recognized collective bargaining agreement negotiated between the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the member's respective employment with the Town.
C. 
The Board shall make annual recommendations to the Town regarding contribution rates to the fund by members and the Town.
D. 
Pursuant to the provisions of the United States Internal Revenue Code, including but not limited to Section 414(h)(2), the Town shall pick up and pay the contributions which would be payable by the members under Subsection A above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. Member contributions which are picked up pursuant to this subsection shall be treated and identified as member contributions for all purposes of the system except as specifically provided to the contrary in this subsection. Member contributions made pursuant to this subsection shall be credited to a separate fund within a member's individual account so that the amounts contributed prior to the effective date for the pickup of member contributions may be distinguished from the amount contributed on or after such date.
[1]
Editor's Note: Former § 47-44, Contribution rates, was repealed 2-10-2014 by Ord. No. 2014-1.
A. 
The assets of the fund shall be held for the express purposes set forth in the provisions of this article subject to the conditions prescribed in this section. An adequate system of accounts and records shall be established and maintained that will give effect to the requirements of this article. All assets of the fund shall be credited to designated reserve accounts according to the purposes for which they are held, as follows:
(1) 
Members' contribution reserve.
(a) 
That portion of the amounts contributed by members to the fund on or after the effective date, representing the employee contribution rates set forth in the recognized collective bargaining agreement negotiated between the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the respective member's employment with the Town.
(b) 
Upon retirement for service or disability, the accumulated contributions to the credit of the member shall be transferred from this reserve to the retirement reserve. Refunds of member contributions paid upon separation or death of a member shall be charged to this reserve.
(c) 
Member contributions picked up by the Town shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from a member's compensation equal to the amount of his/her contributions picked up by the Town. This deduction, however, shall not reduce his/her compensation for purposes of computing benefits under the system pursuant to this section.
(2) 
Town contribution reserve. All amounts contributed by the Town in accordance with the provisions hereof, except contributions for administrative expense, shall be credited to this reserve.
(a) 
All income from investments, including gains from investment transactions, shall be credited to this reserve. All losses on investments and amounts required for interest on the other reserves shall be charged hereto.
(b) 
Upon the granting of any pension for service, disability or death, an amount representing the excess of the actuarial value of the pension over the accumulated contributions of the member shall be transferred from this reserve to the retirement reserve.
(c) 
If at the close of any year it shall be determined by actuarial valuation that the balance in the retirement reserve is insufficient to meet the liability for pension benefits chargeable thereto, an amount equal to such deficiency shall be transferred from this reserve to the retirement reserve.
(3) 
Retirement reserve. Upon the granting of any pension for service, disability or death, the accumulated contributions of the member in his/her individual account and an amount representing the actuarial value of the member over such accumulated contributions shall be transferred from the members' contribution reserve and Town contribution reserve, respectively. Hereafter, all payments by the system on account of any pension shall be charged to this reserve.
(4) 
Administrative expense reserve. Amounts contributed by the system for administrative expense shall be credited to this reserve. All expenses of administration of the fund shall be charged to this reserve. The Board shall certify to the Town annually the amount of its requirements for administrative expenses. To provide for the initial expenses incident to the organization and establishment of the fund, the Town shall contribute, upon the adoption of this article, a sum estimated by the Board as being necessary for that purpose.
(5) 
Actuarial studies. An actuarial study of the operating experience of the fund, as a check of the mortality, turnover, disability, interest and other actuarial factors assumed in calculations of liabilities and costs, shall be made at least once every two years by an actuary engaged by the Board. An annual actuarial valuation shall be completed as of the close of each fiscal year for the purpose of establishing the financial condition of the system and as a check on the adequacy of the reserves of the fund.
B. 
Any excess balance in the retirement reserve as determined by actuarial valuation shall be applied to reduce the Town's contributions in the succeeding year, and deficiency in the retirement reserve, which shall be charged to the Town contribution reserve, shall be removed by an increase in the Town's contribution rate for the succeeding fiscal year. Such adjustments as may be required in this or any other reserve shall be made upon recommendation of the actuary.
The Finance Director or a designee of the Mayor shall be custodian of said pension fund and is hereby authorized and directed, effective upon final passage of this article, to deduct in weekly installments from the annual salary paid to each member of the Fire Department and the Police Department the percentage of his/her salary specified herein and to put the same in this fund. All of the monies coming from the various sources which the Town Finance Director is hereby authorized to receive shall be known as the Town of Johnston Fire Fighter and Police Officer Pension Fund. Said fund shall be kept separate and apart from all other monies in his/her care, and he/she shall pay semimonthly from said fund to the beneficiaries thereof such sums as are hereinafter provided.
Subject to the approval of the Town Council, the Town Finance Director shall invest said funds and shall add the interest, dividends and other income from such investments to said fund. The Finance Director shall keep accurate books of account of said fund and shall allow the Mayor, the Town Council and the Board to inspect his/her books of said fund at any time. The Finance Director shall make an annual report in writing at the end of each fiscal year to the Mayor, the Town Council and the Board.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, concerning eligibility for retirement, was repealed 2-10-2014 by Ord. No. 2014-1.
B. 
Effective upon final passage of this article, the retirement allowance for a member retiring under this section will be the percentage set forth in the recognized collective bargaining agreement negotiated between the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the respective member's employment with the Town at the time of his/her application to the Board for retirement.
A. 
At the time of his/her retirement, any member of the Fire Department or Police Department who is eligible to retire and who had previously been honorably discharged from service with the armed forces of the United States will be eligible to buy back up to the number of years' additional service as provided for in the recognized collective bargaining agreement applicable to said member, by contributing to the fund an additional percentage of his/her highest year's pay, equal to the annual contribution rate prevailing at the time of the member's retirement plus interest, for each year of service purchased. In no event will a member who has completed less than 20 years of service be eligible to buy back service.
B. 
A member eligible to purchase service under Subsection A of this section has the option to buy up to the number of years' additional service, as provided for in the recognized collective bargaining agreement applicable to said member, in six-month increments, but no more than the number of his/her full years of military service.
A. 
Determination of disability.
[Amended 3-12-2012 by Ord. No. 2012-3]
(1) 
The determination of disability from any cause, whether service connected or non-service connected, shall be made upon the basis of reports on examinations made by three physicians consisting of a physician selected by the Town, a physician selected by the member, and a third physician to be selected by the other two physicians. If the Town and member's physicians cannot agree on a third neutral physician, the third physician will be selected from a list maintained by a third-party administrator hired by the Town. The three physicians must each specialize in the area of medicine related to the member's alleged disability.
(2) 
A majority decision by the selected physicians must be reached with regard to determination of disability. A copy of each of the three physicians' medical reports shall be provided to the medical director and the Board within 60 days of the medical examination of the disability retirement applicant. Based upon its review of the three physicians' medical reports, the Board shall vote whether the applicant is entitled to a service-connected or to a non-service-connected disability pension related to a single incident. The member shall be provided a written determination of the Board's decision within 60 days after the date that the Board has received all three physicians' reports.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, concerning determination of placement back into service, was repealed 2-10-2014 by Ord. No. 2014-1.
C. 
A member of the Fire Department or Police Department who retires on a non-service-connected disability shall be required to submit to an examination at least one time per year by a physician selected by the Board to establish that the member is incapacitated for service as a firefighter or police officer and is entitled to continue to receive a disability pension every year for the first five years following the member's initial disability determination and every other year thereafter. The Board may cancel a disability pension upon evidence that the member is no longer disabled for such service. If such cancellation occurs and the member does not reenter service, he shall be entitled to a refund of the excess, if any, of the contributions made by the member, including interest, over the amounts received by the member on the disability pension. Should a retiree refuse to submit to such medical examination, his/her pension may be discontinued until his/her withdrawal of such refusal, and should his/her refusal continue for one year, all rights in and to his/her pension may be revoked by the Board.
[Amended 2-10-2014 by Ord. No. 2014-1]
D. 
If a medical examination or an investigation made by the Board discloses that a member is engaged or is able to engage in any gainful occupation, payment of the non-service-connected disability pension shall be discontinued or reduced to an amount which, when added to the member's income from such gainful occupation, shall not exceed 50% of the rate of his/her salary in effect at the date of disability. The term "salary" is defined as a member's base pay as of the date of his/her disability.
[Amended 2-10-2014 by Ord. No. 2014-1]
E. 
Earned income report.
(1) 
Any member receiving a non-service-connected disability pension shall be required to submit to the Board at least once each year a sworn written report of his/her earned income for the preceding 12 months on a form supplied by the Board, together with supporting data as may reasonably be required. Any adjustment in a non-service connected disability pension payments as aforesaid shall be based upon such statements of income. A non-service-connected disability pension shall be suspended if such statement discloses income from a gainful occupation equal to or in excess of the aforesaid amount but shall be resumed when such condition has changed.
[Amended 2-10-2014 by Ord. No. 2014-1]
(2) 
Earned income is defined as amounts received as compensation for services rendered. The member's pension amount for the following 12 months after the filing of the report of earned income shall be reduced dollar for dollar by any amount the actual earned income exceeded the salary paid to a permanent member with the same rank and seniority on active duty at the time such reports are filed. However, in no event shall any member on a disability pension receive an annual sum less than 50% of his/her salary in effect at the date of disability.[2]
[2]
Editor's Note: Former Subsection F concerning return to work of a retired employee receiving a disability pension, which immediately followed this subsection, was repealed 2-10-2014 by Ord. No. 2014-1.
Any amounts paid or payable under the provisions of any workers' compensation law, or as the result of any action for damages for personal injuries against a third party on account of death or disability of a Town employee occurring while in the performance of duty, shall be offset against and payable in lieu of any benefits payable out of funds provided by the Town for death or disability payments to the employee.
[1]
Editor's Note: Former § 47-52, Service-connected disability, was repealed 2-10-2014 by Ord. No. 2014-1.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, concerning the amount of disability to be paid, was repealed 2-10-2014 by Ord. No. 2014-1.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, concerning what constitutes total and permanent disability, was repealed 2-10-2014 by Ord. No. 2014-1.
C. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C, concerning when the pension shall be payable, was repealed 2-10-2014 by Ord. No. 2014-1.
D. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D, concerning recovery from disability and reentry into Town service, was repealed 2-10-2014 by Ord. No. 2014-1.
E. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E, concerning disability while in military serivice, was repealed 2-10-2014 by Ord. No. 2014-1.
F. 
A non-service-connected disability shall begin to accrue upon the expiration of 90 days following commencement of disability, provided that the member received salary for a period of more than 90 days, the disability pension shall begin to accrue from the date salary ceased. If written application for the disability pension shall not have been filed with the Board prior to the expiration of 90 days from date of disability, the disability pension shall begin to accrue from the date application therefor has been filed, but not in any event prior to the time when payments to the member on account of salary have ceased.
The terms provided in this section shall not be effective until the current recognized collective bargaining agreement negotiated by the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the member's respective employment with the Town, has expired. Until said expiration, the terms provided in said recognized collective bargaining agreement shall apply. After expiration of said recognized collective bargaining agreement, the following terms shall apply:
A. 
Upon death of a member in the line of duty, which is deemed to qualify for a benefit pursuant to the federal Public Safety Officers' Death Benefit Act, regardless of the age or length of service of the member, a surviving spouse shall be entitled to a pension equal to 50% of the member's rate of salary at the date of his/her death. The term "salary" is defined as a member's base pay as of the date of his/her date of death.
B. 
If no widow survives, each minor child under 18 years of age shall be entitled to 15% of such member's salary, subject to a limitation for the combined payments to children equal to 60% of such salary.
C. 
In the event that either of the foregoing limitations is exceeded, the pensions shall be prorated to conform to the applicable limitation.
D. 
If minor children under age 18 survive the member, the widow shall receive on account of each minor child an additional 10% of the member's salary. The combined payments to a widow and children shall in no event exceed 70% of such member's salary.
E. 
The pension payment to a widow shall be payable during widowhood. Minor children shall be eligible for pension payments until their attainment of 18 years of age, death or marriage, whichever occurs first.
F. 
Any pension payment payable to a beneficiary hereunder shall be reduced by the Town by the amount of the workers' compensation benefit.
The terms provided in this section shall not be effective until the current recognized collective bargaining agreement negotiated by the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the member's respective employment with the Town, has expired. Until said expiration, the terms provided in said recognized collective bargaining agreement shall apply. After expiration of said recognized collective bargaining agreement, the following terms shall apply:
A. 
Upon death of a member due to any cause other than an act of duty occurring while a member is in service, on sick leave with salary, on an approved leave of absence extending not more than six months continuously or while in receipt of a service retirement pension or non-service-connected disability pension, if such member shall have at least three years of credited service, his surviving widow shall be entitled to a pension payment. The pension payment shall be equal to 30% of the member's final salary, increased one percentage point for each year of credited service above the three years, up to a maximum amount equal to 50% of his/her final salary. The term "final salary" is defined as a member's base pay as of the date of his/her date of death. Eligibility for such pension payment shall be subject to the following conditions:
(1) 
The widow shall have been married to the member at least one year prior to the date of death of the member or prior to the date of retirement on a non-service-connected disability pension; whichever occurs first and in any event while the member was in service.
(2) 
The widow shall be at least 55 years of age, otherwise commencement of payments on the pension shall be deferred until the widow attains such age.
(3) 
The pension shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any pension or any other payment from the fund.
(4) 
The minimum payment to a widow in any case shall be 30% of average final salary, and the maximum shall be 50% of such final salary.
(a) 
If a widow has an unmarried minor child in her care under 18 years of age, payment of the widow's pension shall begin immediately regardless of whether the widow shall have attained age 55. In such a case, the pension for the widow shall be increased 10% of the member's final salary on account of each such minor child, provided that the maximum payment on account of a widow and children shall not exceed 60% of final salary. If such limitation is exceeded, all pension benefits shall be prorated to conform therewith.
(b) 
Payments on account of minor children shall terminate upon their attainment of 18 years of age, death or marriage, whichever first occurs. If a widow remarries, the pension on account of each minor child shall be increased to 15% of the member's final salary, subject to a limitation of 50% of the member's final salary to all minor children.
(c) 
Should payments on account of minor children terminate before the widow attains age 55, the pension to the widow shall be suspended until the widow attains age 55.
(d) 
Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of death of the member.
The terms provided in this section shall not be effective until the current recognized collective bargaining agreement negotiated by the Town and the exclusive bargaining agent for the Fire Department, or Police Department depending on the member's respective employment with the Town, has expired. Until said expiration, the terms provided in said recognized collective bargaining agreement shall apply. After expiration of said recognized collective bargaining agreement, the following terms shall apply:
A. 
Any member withdrawing from service prior to retirement shall be entitled to a refund, in a single sum, of the amount of his/her contributions to the system, without interest. The payment of a refund under the provisions hereof shall automatically effect a waiver and forfeiture of all accrued rights and benefits in the system on the part of any member. The Board may, in its discretion and regardless of cause, withhold payments of a refund for a period not to exceed one year after receipt of an application therefor.
B. 
Any member who has received a refund shall be considered a new member upon subsequent reemployment, provided that if such member shall render at least three years of service following his/her latest reentry into service, he/she shall be entitled to regain his/her previously forfeited service credits upon repayment of all amount received as refunds, including regular interest from dates of refunds to date of repayment. The time and manner of making such repayments shall be fixed by the Board.
C. 
Upon death of a member leaving no survivors eligible for pension from the system, his/her accumulated contributions in the system, without interest, shall be paid in a single sum to such person as he/she shall nominate by written designation duly executed and filed with the Board. If no such designation shall have been made, payment shall be made to the legal representative.
Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of this system in any attempt to defraud the fund is guilty of a misdemeanor. The fund and the Town shall have the right to recover by setoff or otherwise any payments made under false representations. If any such person shall be a member of the fund or the beneficiary of a member, he or she shall forfeit all rights to further participation in any of the benefits hereunder.
A. 
General provisions.
(1) 
Payment of an employee's pension benefit or other benefits or payments as provided for herein shall be for honorable service only.
(2) 
For purposes of this section, "crime related to his/her employment" shall mean any of the following:
(a) 
The committing, aiding or abetting of an embezzlement of a public fund;
(b) 
The committing, aiding or abetting of any felonious theft by an employee from his/her employer;
(c) 
Bribery in connection with employment of a public employee; and
(d) 
The committing of any felony by an employee who willfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his/her office or employment.
(3) 
For purposes of this section, "pleads guilty or nolo contendere" shall include all pleas of guilty or nolo contendere.
(4) 
For purposes of this section, "employee" shall mean any current or former member of the Fire Department or Police Department.
B. 
Revocation or reduction authorized. Notwithstanding any other provision of law, any pension benefit or other benefits or payments to which an employee is otherwise entitled to under this chapter shall be revoked or reduced in accordance with the provisions of this section if such employee is convicted of or pleads guilty or nolo contendere to any crime related to his or her employment. Any such conviction or plea shall be deemed to be a breach of the employee's collective bargaining agreement with his/her employer.
C. 
Hearing; civil action. Whenever any employee is convicted of or pleads guilty or nolo contendere to any crime related to his/her employment, the Board shall conduct a meeting, with the employee having the opportunity to be heard, to determine if a recommendation of revocation or reduction of pension benefit or other benefits or payments of any kind to which the employee is otherwise entitled to under this chapter is warranted. If the Board determines that revocation or reduction of any pension benefit or other benefits or payments of any kind to which the employee is otherwise entitled under this chapter is warranted, the Board shall initiate a civil action in the Superior Court for the revocation or reduction of same.
D. 
Return of payroll-deducted contributions when benefits are revoked. Any employee whose pension benefit or other benefits or payments of any kind are revoked pursuant to this section shall be entitled to a return of his/her payroll-deducted contribution, without interest.
E. 
Return of payroll-deducted contributions when benefits are reduced. Any employee whose pension benefit or other benefits or payments of any kind are reduced pursuant to this section shall be entitled to a pro rata return of a portion of his/her payroll-deducted contribution, in an amount proportionate to the amount of any such reduction, without interest.
All records relating to the fund and the membership therein shall be deemed public records and available for review upon the filing of a written public records request to the Board.
If any provision of this article is determined to be unconstitutional or otherwise invalid, the remaining provisions of this article shall not be affected thereby.
[Added 12-12-2011 by Ord. No. 2011-32]
Appeals of decisions of the Board shall be taken in accordance with the Administrative Procedures Act of the Rhode Island General Laws.[1]
[1]
Editor's Note: See R.I.G.L. § 42-35-1 et seq.
[1]
Editor’s Note: Former Article VIII, Other Post-Employment Benefits Trust Fund, added 4-8-2013 by Ord. No. 2013-6, which immediately followed this section, was repealed 11-9-2015 by Ord. No. 2015-14.