State Public Pensions in Rhode Island

State Public Pensions in Rhode Island: key facts

Administering office

Employees' Retirement System of Rhode Island (ERSRI), administered by the Rhode Island Office of the General Treasurer.

Retiree death — continuing allowance

Under R.I. Gen. Laws 36-10-18, a retiree who elected Option 1 has the reduced allowance continued in full for the nominee's life; Option 2 continues one-half of it. Where no option was elected, R.I. Gen. Laws 36-10-23(a) pays only the excess, if any, of the member's total contributions over the allowance payments already received.

Retiree death — death benefit

A death benefit is payable on the death of any retired member: the ordinary death benefit accrued at retirement is carried in full through the first year of retirement, then reduced 25% on each retirement anniversary until 25% of the accrued amount is reached, and never below $4,000 (R.I. Gen. Laws 36-10-23(b)).

Death before retirement

For a death from any cause other than one compensable as an accidental death, the member's contributions are paid back without interest. If the member died in employee status (or on official illness leave of under a year), an ordinary death benefit of $800 for each completed year of total service is also paid, with a $4,000 minimum and a $16,000 maximum (R.I. Gen. Laws 36-10-21).

Survivor allowance instead of a refund

A surviving spouse or domestic partner who is the member's designated beneficiary may elect the Option 1 lifetime allowance in place of a return of contributions, if the member had at least ten years of membership service on or before June 30, 2012, or at least five years as an active contributing member on or after July 1, 2012. A member in service may make the same Option 1 election for someone other than a spouse. The allowance starts 30 days after the first of the month following a death in employee status; after a death in inactive status it begins the month after the beneficiary turns 60 (R.I. Gen. Laws 36-10-19.1).

Accidental death in service

Where the death was the natural and proximate result of an accident in the performance of duty and not the result of the member's willful negligence, the accumulated contributions are paid with interest, and on application by or for the member's dependents the retirement board grants an annuity equal to one-half of the member's annual compensation at the date of death — to the surviving spouse or domestic partner for life unless they remarry or enter a domestic partnership, then to children under 18, then to a dependent parent for life (R.I. Gen. Laws 36-10-20).

Who the death benefit is paid to

The nominee named in the member's written designation on file with the retirement board. If no nomination was filed, or the nominee died first, the payment goes to the estate of the deceased member (R.I. Gen. Laws 36-10-24).

Member Service Center

401-462-7600; 50 Service Avenue, Warwick, RI 02886; member account access at ersri.org.

Governing law: R.I. Gen. Laws 36-10-18, 36-10-19.1, 36-10-20, 36-10-21, 36-10-23, 36-10-24 (state employees and teachers); R.I. Gen. Laws 45-21-25, 45-21-26, 45-21-27, 45-21-30, 45-21-51.1 (MERS municipal members)

Steps to take when someone dies

1. Identify whether the deceased was an ERSRI member (state employee, teacher, MERS municipal employee, MERS police or fire, correctional officer, BHDDH nurse, state police, or judge).
2. Report the death to ERSRI at 401-462-7600 so the member's pension payments stop.
3. Confirm the beneficiary designation on file and, for a retiree, the payment option elected at retirement — that election controls whether an allowance continues to a survivor. For a member who died before retiring, ask whether the surviving spouse or domestic partner can elect the Option 1 allowance under R.I. Gen. Laws 36-10-19.1 instead of taking the refund of contributions.
4. File the survivor or death-benefit claim with the documents ERSRI requires. If no beneficiary was designated, the death benefit is payable to the member's estate, so the estate representative files it.

Frequently asked questions