Major James Rowley

Honorable James Diossa, State Treasurer

and the Honorable Pension Advisory Working Group

State House, Room 102

Providence R.I. 02903

Dear Group Members:

By introduction I am retired R.I. State Police Major/Executive Officer James H. Rowley. I served in the ranks of the State Police from November of 1971 through November of 1996 under Colonels Walter E. Stone and Edmond S. Culhane Jr. I am writing to give the Advisory Group a brief background on the Rhode Island State Police pension and COLAs and the injustice done in 2011 to the State Police pensions and COLAs of both retired and active members by the then General Treasurer Gina Raimondo and legislation.

In its inception, the Rhode Island State Police was formed by legislative act on April 2nd, 1925 as a state-wide law enforcement agency to combat rampant criminal enterprises brought on by the federal prohibition act, the use of motor vehicles in criminal activity, and the carnage being reaped on state highways by speeding vehicles and drunk driving. Of course, they did much more. Its direct line of authority was under the Governor and the Executive Branch. Strict hiring processes, training, and rules and regulations formed what would become one of the most admired para-military police departments in the nation. This reputation remains until this day due to its personnel and leadership. At its inception, the department’s budget in all matters was a yearly appropriation. Its pension was not member funded until 1990.



With its motto being “In the Service of the State”, its members worked and lived at their assigned barracks for 110 hours a week with leave days being canceled at the discretion of leadership for need and/or discipline. Each member was and still is under a three-year enlistment protocol which demands honorable service, physical and mental well-being, and strict adherence to the rules and regulations. Troopers serve “at the pleasure of the Superintendent”. Family and friends became secondary to the demands of the department without exception.  In 1937, the legislature passed an act granting retirement benefits of 50% of base salary to its state troopers with a 3% COLA (not compounded) added after three years of retirement. To earn that pension, a trooper needed to serve honorably for 20 years and no longer than 21 years. Governor Robert E. Quinn (1937-1939) supported the Pension Act and signed it into law. In 1969, the troopers organized for collective bargaining and in 1971 they no longer had to sleep at the barracks after their 15 hour day shifts and 10 hour night shifts.



In the 1980s the COLAs were revamped by the legislature. Troopers retiring at lesser ranks were disproportionately affected in their retirements and a flat $1500.00 COLA for each retired member was agreed upon with the State and went unchallenged by the troopers' union. This, in effect, was a trooper’s social security as troopers did not pay into social security and still do not as of today. The 1987 graduating class members began to pay into FICA for Medicare but NOT social security benefits.

The 1990 class began paying into their pension at the rate of 8.75%. All troopers from the 1990 class forward pay into their pensions.

2.

In 2011, the following took place;

The pension obligations for the 1925-1989 R.I. State Police retired members was merged with the 1990-2011 active troopers paying into their pensions which immediately underfunded the new State Police pension system. The pensions up to 1990 were an appropriation in the budget so adding that obligation to the new pension system caused it to be insolvent. This insolvency was based on a false premise.



The State of R.I. then took the R.I. State Police pension system and merged it with the state employees’ retirement system. Troopers that had worked nights, weekends, and weeks on end and performed a dangerous job daily (With seven troopers killed and many more injured in the line of duty) and held to the highest standards of personal and professional conduct with stringent rules and regulations were inappropriately grouped into the regular state employees’ pension system. This was a totally inappropriate action further defunding the Rhode Island State Police retirement system.



I cannot swear to this without seeing a transcript of the 2011 legislative deliberations (if such a record exists) but it is said that testimony was given stating that the Rhode Island State Police had Social Security. Trust me, we do not. Without 40 quarters of payments into social security, a retired trooper does not qualify. And because troopers did not pay into Social Security during their 20-25 years of service, they are all victims of the federal 1983 Windfall Elimination Provisions (WEP) Act. Public Pension benefits are not covered by Social Security and are considered as a non-covered pension benefit which can reduce your social security by up to 50% for the years one did not pay into it even if you worked before and after service in the State Police and achieved the 40 quarters to qualify. If such testimony was given and taken as fact, it was false!



Also suffering from the loss of the COLAs are troopers’ survivors. On death, the troopers’ survivors, a widow or widower, have the pension cut by 60%. With the loss of the COLAs, it is further reduced.



Also changed was the state police retirement itself. Troopers were once able to achieve 65% of their salary in retirement after 25 years. That was changed to 65% after 28 years even though troopers had already been working and signed into the old system on graduation from the Academy. So, for many troopers, they not only lost their COLAs but the State changed their terms of retirement. The R.I. State Police have lost numerous troopers to other police organizations with better salaries and retirement benefits after their graduation from our Academy. This was unheard of in the past but is now commonplace. Recruiting qualified individuals to the ranks of the State Police is now an issue.



Basically, the overall issue is this. Troopers took an oath of office and were “In the Service of the State” from the academy graduation to the end of their career. In return for their service and dedication to duty, they had been promised certain benefits by the State of Rhode Island. The troopers performed those duties and obligations to receive those promised benefits. Through an unfair manipulation of the facts and a total disregard of the services that the Department members perform daily, the State of Rhode Island betrayed the retired and active members of what I will unequivocally state to be one of, if not its greatest asset, the Rhode Island State Police.

3.



There are 357 retirees / survivors as of November 1, 2023. The cost to the State of Rhode Island of restoring their justly deserved and promised COLAs is $535,500 a year. Retirees standby waiting for COLAs to be reinstated as they see state budget surpluses growing and retention bonuses from $2,000 - $3,000 going to certain current employees. I will not even get into where the state employees' pension fund was invested and who profited from that investment (s).

I respectfully request that this honorable advisory group take all of these facts into consideration in your deliberations on the reinstatement of the Rhode Island State Police COLAs. The revamping of the State Police retirement system should become a priority of the Executive Branch to maintain the high standards and professionalism associated with the Rhode Island State Police.



Respectfully submitted,

____________________________________

Major James H. Rowley

Rhode Island State Police 1971-1996

Submitted via online webform