§ 36-9-5. Officers and employees exempt - Former court judges and clerks. (a) The members of the general assembly and the general officers of the state, except to the extent herein provided, the judges of the supreme, superior, family, district courts, the traffic tribunal, judges of the workers' compensation court except to the extent herein provided, school teachers as defined by § 16-16-1 except to the extent provided by chapter 17 of title 16, and members of the Rhode Island state police shall be exempt from the provisions of chapters 8 - 10 of this title; provided, however, that any justice or associate justice or judge of the supreme court, superior court, family court, district court, or traffic tribunal, chairperson of the workers' compensation court, or judge of the workers' compensation court who was a member of the retirement system prior to becoming a justice or associate justice or judge, shall, upon his or her filing with the retirement board a written waiver of all benefits under the provisions of §§ 8-3-7 - 8-3-11 or 28-30-15 - 28-30-18 be permitted to elect to remain a member of the retirement system by paying into the retirement system such sums as provided in § 36-10-1 computed on his or her salary as a justice, associate justice, or judge and shall be eligible for all benefits under this title.

(b) Any justice, associate justice, or judge who shall have retired in accordance with the provisions of this section and who shall be recalled to service shall be recalled in accordance with the provisions of § 8-3-7(c), § 28-30-15(b), or § 28-30-16, or § 28-30-16.1.

History of Section. (P.L. 1936, ch. 2334, § 14; G.L. 1938, ch. 18, § 14; P.L. 1941, ch. 1048, § 1; P.L. 1947, ch. 1971, § 10; impl. am. P.L. 1948, ch. 2102, § 1; G.L. 1956, § 36-9-5; P.L. 1973, ch. 192, § 1; P.L. 1979, ch. 256, § 1; P.L. 1985, ch. 458, § 3; P.L. 1988, ch. 616, § 1; P.L. 2007, ch. 334, § 3; P.L. 2007, ch. 402, § 3; P.L. 2011, ch. 408, § 6; P.L. 2011, ch. 409, § 6.)