# R.I. Gen. Laws § 36-9-5: Officers and employees exempt €” Former court judges and clerks

> Rhode Island · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-5

## Section

- **Citation:** R.I. Gen. Laws § 36-9-5
- **Heading:** Officers and employees exempt €” Former court judges and clerks
- **Jurisdiction:** Rhode Island
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** RI Code / Title 36 / Chapter 36-9 / Section 36-9-5

## Text

(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.

## Nearby sections

- [R.I. Gen. Laws § 36-9-1 § 36-9-1. Earliest date of commencement of membership.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-1.md)
- [R.I. Gen. Laws § 36-9-2 § 36-9-2. Membership of persons employed after establishment of system.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-2.md)
- [R.I. Gen. Laws § 36-9-2.1 § 36-9-2.1. Membership in other retirement systems.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-2.1.md)
- [R.I. Gen. Laws § 36-9-3 § 36-9-3. Retired members of the state police €” Eligibility.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-3.md)
- [R.I. Gen. Laws § 36-9-5 § 36-9-5. Officers and employees exempt €” Former court judges and clerks.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-5.md)
- [R.I. Gen. Laws § 36-9-6 § 36-9-6. Election by elected officers or legislative employees to become members.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-6.md)
- [R.I. Gen. Laws § 36-9-11 § 36-9-11. Retroactive membership of elected legislator.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-11.md)
- [R.I. Gen. Laws § 36-9-20 § 36-9-20. Credit for service as a teacher, municipal employee, or legislator.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-20.md)
- [R.I. Gen. Laws § 36-9-20.5 § 36-9-20.5. Purchase of service credit €” Inactive status.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-20.5.md)
- [R.I. Gen. Laws § 36-9-21 § 36-9-21. Service information submitted by department heads.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-21.md)
- [R.I. Gen. Laws § 36-9-22 § 36-9-22. Cessation of membership.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-22.md)
- [R.I. Gen. Laws § 36-9-23 § 36-9-23. Inactive membership.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-23.md)
- [R.I. Gen. Laws § 36-9-24 § 36-9-24. Part-time school lunch employees.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-24.md)
- [R.I. Gen. Laws § 36-9-25 § 36-9-25. Standard for year€™s service credits.](https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-25.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_RI_T36_C36-9_S36-9-5. Check the current official text before relying on it. Not legal advice.