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Public Comment Period & Meeting Announcement on Transportation Improvement Program (TIP) SRPEDD Offices 88 Broadway, Taunton, MA May 5, 2015 at 4 pm The Southeastern Massachusetts Metropolitan Planning Organization (SMMPO) has approved an amendment to FY15 of the FY2015-18 TIP pending public notification and an abbreviated 28-day public comment & review period which starts from the date of posting of these draft documents on our website at www.srpedd.org. These documents are also available upon request. The public involvement process adopted for the development of the SMMPO TIP satisfies the public hearing requirements for the development of the Program of Projects (POP) for regular FTA Section 5307 grant applications for SRTA and GATRA. This notice will serve as the final POP unless projects contained within are amended. Comments: by phone (508) 824-1367, fax (508) 823-1803, by e-mail to lestrela@srpedd.org or in person at the meeting. Location and time above.
Published: 4/27/2015
REQUEST FOR PROFESSIONAL SERVICES The Warwick Housing Authority will receive proposals from qualified design professionals/consultants to design and prepare plans, specifications, bidding documents and budget for security camera and building access systems upgrade at various developments. All proposals are requested no later than 2:00 P.M. May 13, 2015 at the office of the Warwick Housing Authority, 1035 West Shore Road, Warwick, RI 02889. Proposals are to be submitted in a sealed envelope marked "Design Professional/Consultant Proposal Security Camera and Building Access Systems Upgrade". Interested parties may obtain a scope of services at the Warwick Housing Authority, 1035 West Shore Road, Warwick, RI beginning April 27, 2015, between the hours of 9:00 A.M. and 3:00 P.M. Individuals requesting interpreter services for the hearing-impaired must notify the Warwick Housing Authority at 401-732-8500 seventy-two hours prior to deadline for submission of proposals. J. William Quirk Chairman Equal Housing Opportunity
Published: 4/27/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF WATER RESOURCES PUBLIC NOTICE OF INTENT TO ISSUE A CATEGORICAL EXCLUSION Whereas, the Director of the Rhode Island Department of Environmental Management has reviewed for approval a request for a Categorical Exclusion determination for Contract 304.59 - Improvements to Interceptors FY 2015, proposed by the Narragansett Bay Commission, under the authority of Chapters 42-17.1 and 46-12 of the General Laws of Rhode Island, 1956, as amended, and has determined there are no significant environmental impacts associated with the project, Therefore, the Director of the Rhode Island Department of Environmental Management is hereby giving notice of intent to issue a Categorical Exclusion for the aforementioned contracts pursuant to the requirements and authority set forth in Chapter 46-12.2 of the General Laws of Rhode Island, 1956, as amended, and the "Rules and Regulations for the State Revolving Loan Fund (SRF) Program", dated September, 2001. In accordance with Chapter 42-35-3 of the Rhode Island General Laws, DEM has determined the projects identified for the Categorical Exclusion will not result in significant adverse economic impact on small businesses or cities and towns. Copies of the Categorical Exclusions can be obtained by calling 222-3961 weekdays from 8:30 a.m. to 4:00 p.m., downloaded from the internet at http://www.Dem.ri.gov/programs/benviron/water/finance/srf/index.htm or by writing to the Office of Water Resources, 235 Promenade Street, Providence, RI 02908-5767. All material submitted for review is available for public inspection during the above hours at the above location. Written comments on the Categorical Exclusion should be sent to the Office of Water Resources within thirty (30) days of the date of this notice. A public hearing on the Categorical Exclusion will be held if DEM receives such requests from twenty-five (25) people, a governmental agency or subdivision, or an association having not less than twenty-five (25) members. If a public hearing is held, a public notice will be published announcing the date, time, and place of such hearing. A stenographic record of the hearing will be made and the public record will be kept open for seven (7) days following the conclusion of the public hearing to allow additional time for the submission of written comments. The location of the public hearing will be accessible to the handicapped. Interpreter services for the hearing impaired or audiotapes for the vision impaired will be made available. Signed this 21st day of April, 2015. Angelo S. Liberti, P.E., Chief Office of Water Resources
Published: 4/27/2015
State of Rhode Island and Providence Plantations Office of the Clerk of the Family Court Providence, SC P2015-0397 WHEREAS, MIGUEL DaCOSTA, of Providence, in the County of Providence, has filed a Complaint in said office demanding a divorce from KAREN LEE DaCOSTA, pursuant to R.I.G.L. 15-5-16.1, and all other relief as this Court may deem just. Now, therefore, you the said Defendant, are hereby summoned to answer, if you shall see fit, before the Family Court, to be held at Providence, within the County of Providence, on the 31st day of May, 2015, then and there to answer said Complaint. Failure to appear will result in default and Defendant will be denied alimony. Witness the Seal of the Family Court at Providence, on this 21st day of April, 2015. Ronald J. Pagliarini Administrator/Clerk
Published: 4/27/2015
STATE OF RHODE ISLAND CITY OF PROVIDENCE HOUSING COURT CITY OF PROVIDENCE Petitioner v. ONE PARCEL OF REAL ESTATE 965 EDDY ST. PROVIDENCE FLORANGEL VEGA C.A. No.: 15-15 RECEIVERSHIP NOTICE On April 15, 2015, the Providence Housing Court appointed Vincent A. Indeglia, Esq., Permanent Receiver of 965 Eddy Street, Providence, Rhode Island. The Receiver's surety bond in the amount of $10,000.00 with respect to the faithful performance of shall remain in place. The original Order is on file with the Clerk of the Housing Court and the Order is incorporated herein in its entirety. The Order contains the following provisions: 12. All creditors or other claimants are ordered to file with the Receiver at 300 Centerville Road, The Summit East, Suite 320, Warwick, Rhode Island 02886, on or before July 30, 2015, a statement setting forth their claims, including, but without limiting the generality of the foregoing, the name and address of the claimant, the nature and amount of such claim, a statement of any security or lien held by the claimant to which such claimant is or claims to be entitled, and also a statement as to any preference or priority which the claimant claims to be entitled to over the claims of any other or all other claimants or creditors. 13. That the commencement, prosecution, or continuance of the prosecution, of any action, suit, arbitration proceeding, hearing, or any foreclosure, reclamation or repossession proceeding, both judicial and non-judicial, or any other proceeding, in law, or in equity or under any statute, or otherwise, against said Property or any of their improvements or personal property, in any Court, agency, tribunal, or elsewhere, or before any arbitrator, or otherwise by any creditor, member, corporation, partnership or any other person, or the levy of any attachment, execution or other process upon or against any property of said Defendant, the Property or the Receiver, or the taking or attempting to take into possession any property in the possession of the Property, or the cancellation at any time during the Receivership proceeding herein of any insurance policy, lease or other contract with Receiver for the benefit of the Property, by any or such parties as aforesaid, other than the Receiver designated as aforesaid, or the termination of telephone, electric, gas or other utility service to the Property, by any public utility, without obtaining prior approval thereof from this Honorable Court, in which connection said Receiver shall be entitled to prior notice and an opportunity to be heard, are hereby restrained and enjoined until further Order of this Court. ENTERED, this 15th day of April, 2015. ENTER: Judge Lynette J. Labinger BY ORDER: Louis V. Spertini, Clerk, Providence Housing Court
Published: 4/27/2015
STATE OF RHODE ISLAND PROVIDENCE, SC. SUPERIOR COURT RHODE ISLAND PUBLIC EMPLOYEES' RETIREE COALITION, et al, Plaintiffs, vs. GINA RAIMONDO, in her capacity as Governor of the State of Rhode Island, et al, Defendants C.A. No. PC 15-1468 NOTICE OF CLASS ACTION LAWSUIT AND PROPOSED SETTLEMENT OF CLAIMS RELATING TO RETIREMENT BENEFITS AND OF HEARING THEREON THE SUPERIOR COURT FOR PROVIDENCE COUNTY, RHODE ISLAND, HAS AUTHORIZED THIS NOTICE. IT IS NOT A SOLICITATION OR ADVERTISEMENT FROM A LAWYER. NEITHER YOU NOR THE MUNICIPAL ENTITY YOU REPRESENT ARE NOT BEING SUED. YOU HAVE RECEIVED THIS NOTICE BECAUSE THE MUNICIPAL ENTITY YOU REPRESENT HAS BEEN IDENTIFIED AS A MEMBER OF THE CLASS INVOLVED WITH A CERTAIN LAWSUIT, AND THE PROPOSED SETTLEMENT OF THAT LAWSUIT, IF APPROVED, WILL AFFECT THE LEGAL RIGHTS OF THE MUNICIPAL ENTITY YOU REPRESENT. YOU SHOULD READ THIS NOTICE CAREFULLY. This Notice concerns the proposed settlement of a lawsuit ("the lawsuit") pending in the Rhode Island Superior Court against Gina Raimondo in her capacity as Governor of the State of Rhode Island, Seth Magaziner in his capacities as General Treasurer of the State of Rhode Island and Chairperson of the Rhode Island Retirement Board, Frank J. Karpinski in his capacity as Secretary to the Retirement Board, the Employees' Retirement System of the State of Rhode Island ("ERSRI"), the Rhode Island Retirement Board and municipalities that participate in municipal and teacher retirement programs administered by ERSRI (the "Municipal Entities"). The lawsuit has been brought by a coalition of retirees, individual retirees, statewide labor organizations representing Rhode Island state employees, public school teachers and municipal employees, as well as individual state employees, teachers and municipal employees, to challenge statutes passed by the Rhode Island General Assembly in 2009, 2010, and 2011 (hereinafter "the Enactments"). The 2009 and 2010 Enactments changed the way retirement benefits were to be calculated for current Rhode Island state employees and public school teachers, including modifying the time the employees would be eligible for the benefits, modifying the time the employees once retired would be eligible to receive "cost of living adjustments" ("COLAs"), and modifying both the method of calculation and the maximum amount of the COLA by imposing a statutory COLA "cap." The 2011 Enactment further changed the way retirement benefits were to be calculated for current Rhode Island state employees and public school teachers, including changes to the time the employees would be eligible for the benefits, lower benefits under the pension system, lower employee contributions under the pension system, addition of a defined contribution plan with both employee and employer contributions, modifications to the time the employees once retired would be eligible to receive COLAs, and more changes in both the method of calculation and the maximum amount of the COLA. The provisions of the 2011 Enactment were also applied to municipal programs administered under the Municipal Employees Retirement System ("MERS") by ERSRI, affecting municipal employees, including education support professionals, and fire personnel. In addition, the 2011 Enactment provided that the new COLA would be suspended for any fund that was less than 80% funded according to professional standards, however, a COLA payment would be made once every five years until the fund was 80% funded. The following cases were brought by these parties against in Rhode Island Superior Court in 2010 and 2012 to challenge the Enactments: C.A. 10-2859, 12-3166, 12-3167, 12-3168 and 12-3579. In March 2015, the parties agreed to a proposed settlement of these cases, subject to the Court's approval. The proposed settlement would end the litigation in all cases as described below. In April 2015, the Court entered an order certifying the lawsuit as a class action. The parties are now seeking to have the proposed settlement of the class action (the "Proposed Settlement") approved by the Court. This Notice provides a summary of the impact that the Proposed Settlement will have on the rights of the municipal entity you represent. If you do not understand the information in this notice, you should follow the enclosed instructions for obtaining additional information or consult with an attorney. SUMMARY OF THE MUNICIPAL ENTITY'S RIGHTS AND OPTIONS THE MUNICIPAL ENTITY'S OPTIONS, RESULT, DUE DATE ACCEPT THE PROPOSED SETTLEMENT - Because the Court has already included the municipal entity you represent in the Defendant Class, the municipal entity is automatically included in the Proposed Settlement. The municipal entity you represent does not need to do anything to participate in the Proposed Settlement if approved by the Court. See Questions 5 through 6 for more information. None COMMENT ON OR OBJECT TO THE PROPOSED SETTLEMENT - If the municipal entity you represent wants to be heard by the Court regarding the terms of the Proposed Settlement, it may tell the Court why it likes or does not like the terms of the Proposed Settlement. Instructions for giving a comment or objection are described later in this Notice. See Question 13 for more information. May 15, 2015 APPEAR AT "FAIRNESS HEARING" - If the municipal entity you represent has filed a written comment or objection by May 15, 2015, and wishes to be heard by the Court, a representative of the municipal entity with authority to speak on its behalf may appear in person at the "Fairness Hearing" on May 20, 2015. See Questions 14 through 17 for more information. May 20, 2015 CONTENTS OF THIS NOTICE Case Information 1. What is the purpose of this Notice? 2. What is this lawsuit about? 3. What is a class action lawsuit? 4. Why is there a Proposed Settlement? Those Who are Included in the Proposed Settlement 5. Is the municipal entity part of the Defendant Class? 6. Is the municipal entity included in the Proposed Settlement? Proposed Settlement Terms 7. What are the terms of the Proposed Settlement with respect to the Enactments? 8. What are the benefits of the Proposed Settlement? 9. What happens if the Proposed Settlement is approved? 10. How does the municipal entity accept the Proposed Settlement? Participation in the Defendant Class and the Proposed Settlement 11. Can the municipal entity get out of the Proposed Settlement if it doesn't like it? The Lawyers Who Are Representing the Municipal Entity 12. Does the municipal entity have a lawyer representing it in this case? Supporting or Objecting to the Proposed Settlement 13. How does the municipal entity tell the Court that it likes or does not like the Proposed Settlement? Fairness Hearing 14. What is the Fairness Hearing? 15. When and Where will it Occur? 16. Does a representative of the municipal entity have to attend the Fairness Hearing? 17. May a representative of the municipal entity speak at the Fairness Hearing? If the Municipal Entity does Nothing 18. What happens if the municipal entity doesn't do anything? More Information 19. Where can the municipal entity get more information? 20. What happens after the Fairness Hearing? Case Information 1. What is the purpose of this Notice? A class action lawsuit has been filed in the Superior Court for the State of Rhode Island concerning statutes of the State of Rhode Island ("the Enactments") which affected the way retirement eligibility and benefits are calculated for current state employees, public school teachers, and certain municipal employees participating in a municipal plan administrated by the ERSRI and which modified and in many cases suspended the COLAs paid to individual retirees (or their beneficiaries) who had already retired. This suit is called Rhode Island Public Employees' Retiree Coalition, et al. v. Raimondo, et al., No. PC 2015-1468, and concerns the Enactments. The Court has certified the lawsuit to proceed as a class action for settlement purposes and has certified the following Defendant Class: DEFENDANT CLASS. All municipal entities that participate in the Municipal Employees Retirement System ("MERS") and all municipal entities that employ teachers who participate in the state employees and teachers' Employees Retirement System ("ERS"). You are receiving this Notice because the municipal entity you represent is a member of the Defendant Class ("Defendant Class Member") involved in this lawsuit. The Superior Court for Providence County, Rhode Island, authorized this Notice. As a Defendant Class Member, the municipal entity you represent has the right to know about the class action lawsuit and the Proposed Settlement agreed to by the parties to the lawsuit. As a Defendant Class Member, the municipal entity you represent has options that it may exercise before the Court decides whether to approve the Proposed Settlement. The municipal entity's legal rights will be impacted depending on the option it chooses. This Notice is to explain the lawsuit, the Proposed Settlement, and legal rights of the municipal entity you represent and how to exercise them. 2. What is this lawsuit about? The lawsuit is about changes made to retirement benefits. The changes that were made by the Enactments are more fully described on pages 1 and 2. 3. What is a class action lawsuit? In a class action lawsuit, one or more persons called class representatives sue on behalf of other people who all have similar claims. The people who all have similar claims are called the class or class members. Sometimes, in a class action lawsuit, one or more people or entities may be sued as representatives of other people or entities who are similarly situated and have similar defenses. These persons or entities are called "Defendant Class Representatives." The people or entities who are similarly situated and have similar defenses are called the "Defendant Class" or "Defendant Class Members." The lawyer who represents the Defendant Class is called "Defendant Class Counsel." In a class action lawsuit, all factual questions and legal issues are resolved together for everyone in the class in one case. Once the Court issues a final judgment in the class action lawsuit, that judgment will be binding on all class members. 4. Why is there a Proposed Settlement? The Court has not decided in favor of either the Plaintiffs or the Defendants in this case. Instead, all parties have agreed to a Proposed Settlement. By settling the claims, the parties can avoid the cost and uncertainty of a trial and can resolve this lawsuit in a way that will benefit both parties. The Defendant Class Representatives and Defendant Class Counsel in this case think that this Proposed Settlement is the best result for all the municipal entities that are members of the Defendant Class. Those Who Are Included in the Proposed Settlement 5. Is the municipal entity part of the Defendant Class? According to the order of the Court, the municipal entity you represent is part of the Defendant Class if it falls within the group described in Section 1 above. 6. Is the municipal entity included in the Proposed Settlement? As a Defendant Class Member, the municipal entity you represent will be included in the Proposed Settlement and requirements and benefits will apply to it if the Court approves the Proposed Settlement. Proposed Settlement Terms 7. What are the terms of the Proposed Settlement with respect to the Enactments? A summary of the terms of the Proposed Settlement pertaining to the Enactments follows. THE COMPLETE TERMS AND SETTLEMENT AGREEMENT ARE POSTED ON THE RETIREMENT BOARD WEBSITE: http://content.ersri.org/settlement/ Except as modified by the terms of the Proposed Settlement, the Enactments shall remain in full force and effect. The terms of the Proposed Settlement will be adopted by the State through legislation. This action may take place before or after the Court considers the Proposed Settlement, but the passage of the legislation is a condition which must be accomplished in order for the Proposed Settlement to be implemented. All terms are effective July 1, 2015, except as otherwise provided. I. Cost of Living Adjustments ("COLA") and Other Payments: A. A One-Time COLA. A one-time COLA will be paid to retirees (or their beneficiaries) who participate in a COLA program and who retired on or before June 30, 2012: Effective for members and/or beneficiaries of members who retired on or before June 30, 2012, a one-time COLA payment of 2% applied to first $25,000 of pension benefit (that is, up to $500) will be paid and that amount will be added to the retiree's base benefit. Payment is to be made as soon as administratively reasonable following the passage of the legislation based on the amount of benefit payable on the effective date of the legislation. The one-time COLA will be paid to all members who participate in a COLA program and who retired on or before June 30, 2012, without regard to any other eligibility requirement (such as age or number of years since retirement). B. Changes to Regular COLA. i. For Funds that are not already 80% funded, the Settlement shortens the time intervals between suspended COLA payments from once every 5 years to once every 4 years: Under the 2011 Enactment, the regular annual COLA will be applied only when the funding level reaches 80%. The Settlement will not change that. For MERS plans, the COLA for each MERS unit will continue to be separately evaluated as to achievement of 80% funding level. For State Employees and Teachers, the 80% will continue to be calculated on an aggregate basis with Judicial Retirement Benefits Trust and State Police Retirement Benefits Trust. For funds which have not reached 80% funding level, there will be a COLA calculation and payment, if any, due every four years until the plan reaches 80% funding, with clarification that first 4th year (for those pension funds having not yet met 80% funding) will be the calendar year commencing January 2017. ii. The Settlement improves the COLA limitation for current retirees whose COLA is suspended: Under the 2011 Enactment, the COLA is calculated on the first $25,000 of retirement benefits. For members and/or beneficiaries retired as of June 30, 2015 in a plan that is not 80% funded, the $25,000 COLA cap will be increased to $30,000 for so long as the plan remains under 80% funded. For members and/or beneficiaries retired on or after July 1, 2015, and/or for members and/or beneficiaries in a plan that is more than 80% funded regardless of retirement date, the COLA will remain payable on the first $25,000 of the member and/or beneficiary's benefit. iii. The Settlement requires a more favorable indexing of COLA Cap for all current and future retirees: The $25,000 or $30,000 COLA cap will be reviewed every year. If the COLA formula under the Settlement produces a positive number, the cap will be adjusted upward even if no COLA is paid because the funding level is less than 80%. iv. The Settlement requires the use of a COLA calculation more likely to produce a positive number for all current and future retirees: The formula imposed by the 2011 Enactment will be used to calculate only one-half of the COLA. Thus, 50% of the COLA will be calculated using a calculation of investment returns (minimum of 0%, maximum of 4%), and 50% of COLA will be calculated using the previous year's Consumer Price Index-Urban ("CPI-U") (minimum of 0%, maximum of 3%) for a total maximum COLA of 3.5%, effective for calendar years following July 1, 2015. The COLA Formula will be calculated annually, regardless of funding level, and will never produce a number less than 0.0%. The COLA, when paid, will be compounded for all receiving COLA (this includes all MERS units entitled to a COLA through MERS under the 2011 Enactment). C. Additional Payments to current retirees (these are not COLAs and are not added to future base benefits). Two payments for retirees (or their beneficiaries) who have or will have retired on or before June 30, 2015: i. a one-time five hundred dollar ($500.00) stipend (not added to COLA base) shall be payable within sixty (60) days following the enactment of the legislation; and ii. a second one-time five hundred dollar ($500.00) stipend (not added to COLA base) shall be payable one year later. (These payments are not limited to retirees receiving a COLA.) II. Terms Applicable to State Workers, Teachers and General MERS: The following applies in addition to the improvements in the calculation of the COLA described in Section I(B)(i)-(iv) above. A. The Settlement adds another calculation to reduce the minimum retirement age. Under the 2011 Enactment, the minimum retirement age was increased to 67 with 5 years of service. (Many employees were "grandfathered" in with a lower minimum retirement age. The Settlement does not change that.) The Settlement adds another calculation, applicable to all current and future employees. Employees shall be eligible to retire upon the attainment of age 65 with at least thirty (30) years of service, age 64 with at least thirty-one (31) years of service, age 63 with at least thirty-two (32) years of service, or age 62 with at least thirty-three (33) years of service, or, if earlier, under their eligible retirement date under the 2011 Enactment. B. The Settlement improves the available accrual rate for employees with 20 years or more of service as of 6/30/12. i. These employees will stay in the defined benefit plan, and, effective July 1, 2015, the accrual increases from 1% to 2% per year. For this accrual, employees in general MERS will pay an additional 2.25% (new contribution amount will be either 8.25% or 9.25%, depending on whether the unit has a COLA). State workers and teachers will increase their contribution to 11%. (This provision does not apply to correctional officers.) ii. They will not participate in defined contribution plan after July 1, 2015. They will continue to own the individual accounts created by the Rhode Island Retirement Security Act ("RIRSA") and funded through July 1, 2015. C. For employees with 10 or more years of service (but less than 20) as of June 30, 2012, the Settlement requires increased contributions by the employer to Defined Contribution Plan. i. Where the employee has at least 10 but fewer than 15 years of service as of 6/30/12: effective July 1, 2015, the employer will contribute 1.25% (3.25% for employees without Social Security) to defined contribution plan (i.e., +0.25%). ii. Where the employee has at least 15 but fewer than 20 years of service as of 6/30/12: effective July 1, 2015, the employer will contribute 1.50% (3.5% for employees without Social Security) to defined contribution plan (i.e., +0.50%). D. For employees participating in the Defined Contribution Plan who make $35,000 or less, the administration fee will be waived. E. For part-time employees, the 2011 Enactment imposed an "anti-spiking" rule. The Settlement adds another calculation designed to limit the impact of that rule. Under the Settlement, if the highest 5-year average salary calculation is less than $35,000, the pension will be based on the higher of the following two calculations: Highest 10-year average earnings, or Highest 5-year average earnings with a $35,000 cap III. The Settlement Makes Changes Applicable to MERS Firefighters (excluding Cranston Fire Personnel): The following applies in addition to the improvements in the calculation of the COLA described in Section I(B)(i)-(iv) above. A. The Settlement lowers the age and service requirements for retirement. Effective July 1, 2015 firefighters can retire with their full benefit if they are 50 years old and have at least 25 years of service or at any age if they have at least 27 years of service. Firefighters will pay an additional 2% employee contribution (that is, 9% for those not participating in MERS COLA, and 10% for those who do participate in MERS COLA) effective July 1, 2015. B. The Settlement increases the accrual rate for Firefighters who retire at age 57 with 30 years of service. They will accrue 2.25% per year for all years of service not already accrued at a higher rate. IV. The Settlement Makes Changes Applicable to State Correctional Officers: A. The Settlement increases the accrual rate for correctional officers with fewer than 25 years of service as of 6/30/12 as follows: Year 31 - additional 1% accrual Year 32 - additional 1% accrual Year 33 - additional 1% accrual Year 34 - additional 1% accrual Year 35 - additional 1% accrual V. The Settlement reduces the impact of an early retirement. Under the 2011 Enactment, employees with 20 or more years of total service who are within 5 years of their eligible retirement age/date may retire early, but their benefit will be reduced. The Settlement replaces the required actuarial reduction with the following formula, applicable to all categories of current employees, calculated as follows: Nine (9) percent Year 1 Eight (8) percent Year 2 Seven (7) percent Year 3 Seven (7) percent Year 4 Seven (7) percent Year 5 These numbers are cumulative, so that a one-year reduction causes a 9% reduction, two years is 17% (that is, 9 plus 8), and so on (to a maximum of 38% reduction for retiring 5 years early). VI. The Settlement Allows Municipalities to "re-amortize." The amortization schedule applicable to employers participating in MERS commencing with fiscal year 2017 shall be extended to twenty-five (25) years in accordance with the statutory amortization methodology, provided that employers shall have the one-time option before August 1, 2015 to select no re-amortization or a re-amortization period shorter than twenty-five (25) years. The amortization schedule applicable to the municipal contribution responsibility for 60 percent of contributions to teacher pensions commencing with fiscal year 2017 shall be extended to twenty-five (25) years in accordance with the statutory amortization methodology. VII. The municipalities will be required to implement the changes in anticipation of passage of the Legislation effective July 1, 2015. Under the Settlement Agreement, municipal employers shall be required to make payroll changes in anticipation of a July 1, 2015 effective date. However, because the Settlement requires passage of the Legislation, if the Legislation is not enacted, municipal employers have until August 15, 2015 to correct those changes. VIII. Other than those proposed legislative changes, all other legislative provisions in the 2011 Enactment as it presently exists shall remain the same. 8. What are the benefits of the Proposed Settlement? The Proposed Settlement will eliminate the risk that an adverse court decision will take away the substantial savings the Municipal Entities received under RIRSA. Further, extending the amortization schedule to 25 years for employers participating in MERS, or the municipal portion of the teacher pension, will ameliorate the immediate financial impact to the Municipal Entities. 9. What happens if the Proposed Settlement is approved? If the Proposed Settlement is approved, the municipal entity you represent will be bound by the terms of the Proposed Settlement and the Final Judgment that implements it. 10. How does the municipal entity accept the Proposed Settlement? The municipal entity you represent does not need to do anything to accept the Proposed Settlement. It is already a Defendant Class Member. If the Proposed Settlement is approved by the Court, the municipal entity you represent will receive the applicable benefits of the new legislation. 11. Can the municipal entity get out of the Proposed Settlement if it doesn't like it? The municipal entity you represent cannot elect to get out of the settlement if it does not like it. The municipal entity you represent can present an objection to the Court explaining its opposition and why it believes that it should not be approved for anyone. Those steps are described in Question 13. The Lawyers Who Are Representing the Municipal Entity 12. Does the municipal entity have a lawyer representing it in this case? Yes. The Court has appointed Marc DeSisto, Esq. and Gerald Petros, Esq. as Defendant Class Counsel in this case. The Court has determined that each such attorney has experience in handling such complex municipal matters and is qualified to represent the interests of the Defendant Class in this lawsuit. As Defendant Class Counsel, each attorney is required to represent the interests of the Defendant Class in this lawsuit. Supporting or Objecting to the Proposed Settlement 13. How does the municipal entity tell the Court that it supports or opposes the Proposed Settlement? The municipal entity you represent can tell the Court why the Proposed Settlement should, or should not, be approved. The municipal entity you represent may submit a comment telling the Court that it likes the Proposed Settlement and that it thinks it should be approved. The municipal entity you represent may also object to the Proposed Settlement by telling the Court that it does not like the Proposed Settlement and does not think it should be approved. The Court will consider comments and objections from Defendant Class Members. The municipal entity you represent is not required to submit any comments or objections. To comment on or object to the Proposed Settlement, the municipal entity you represent must send a letter or have its attorney send a letter on its behalf. The letter must include the following information: the writer's full name, mailing address, title and email address where available; the municipal entity on whose behalf the letter is written and a statement that sets forth the basis for his or her authority to speak on behalf of the municipal entity; a statement that the writer is commenting on or objecting to the Proposed Settlement in Rhode Island Public Employees' Retiree Coalition, et al. v. Raimondo, et al., No. PC 2015-1468; the factual and/or legal reasons for the comment or objection to the Proposed Settlement; any documents supporting the comment or objection; state whether the writer would like to speak at the Fairness Hearing (see Question 17 below); and the writer's signature or that of the municipal entity's attorney. The deadline to submit a comment or objection is May 15, 2015. Comments or objections must be mailed to the Honorable Sarah Taft-Carter, with a copy to Defendant Class Counsel at the addresses listed below so that it is received no later than May 15, 2015. COURT The Hon. Sarah Taft-Carter Providence County Superior Court 250 Benefit Street Providence, Rhode Island 02903 DEFENDANT CLASS COUNSEL Marc DeSisto, Esq. DeSisto Law 211 Angell Street Providence, RI 02906 The letter must include a reasonable basis for commenting on or objecting to the Proposed Settlement. The Court may reject any comments or objections that it deems frivolous or that are made for an improper purpose. The municipal entity you represent is not required to submit a comment or objection and, if it does not submit a letter, Defendant Class Counsel will still represent the collective interests of the Defendant Class. If the municipal entity chooses not to submit a comment or objection, it will waive its right to be heard individually at the Fairness Hearing on whether to approve the Proposed Settlement and any right of appeal that it may have. Fairness Hearing 14. What is the Fairness Hearing? The Fairness Hearing is a session of the Court during which the Court will hear arguments from the lawyers for the parties, and possibly from Defendant Class Members, on whether the Court should approve the Proposed Settlement. At this hearing, the Court will consider whether the Proposed Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may or may not choose to hear testimony and receive additional evidence to help the Court make its decision. After the Fairness Hearing, the Court will decide whether to approve the Proposed Settlement. There is no specific deadline for the Court to issue its decision. 15. When and Where will it Occur? The Fairness Hearing will take place on May 20, 2015 at 9:30 a.m. at the address below: Providence County Superior Court, Licht Judicial Complex, Courtroom 11 250 Benefit Street, Providence, Rhode Island 02903 16. Does a representative of the municipal entity have to attend the Fairness Hearing? No. Defendant Class Counsel will answer any questions that the Court has and will make arguments on behalf of the entire Defendant Class. Even though a representative of the municipal entity is not required to attend, a representative of the municipal entity may come to the hearing at the municipal entity's own expense. If the municipal entity sends a comment or an objection, it does not have to attend the hearing. As long as comments or objections are made according to the requirements of Question 13, the Court will consider it. The municipal entity may also pay its own lawyer to attend, but it is not necessary. 17. May a representative of the municipal entity speak at the Fairness Hearing? An authorized representative of the municipal entity or the municipal entity's attorney may ask the Court's permission to speak at the hearing concerning the Proposed Settlement. To do so, the municipal entity must send a notice that its authorized representative or its attorney would like to speak by May 15, 2015. The required content of the notice to speak at the Fairness Hearing is outlined in answer to Question 13. The municipal entity must mail its notice to the Honorable Sarah Taft-Carter with a copy to Defendant Class Counsel at the addresses listed in Question 13 so that it is received no later than May 15, 2015. If the municipal entity sends a comment or objection, it may combine this notice and its comment or objection by including this notice in its letter (See Question 13). If the Municipal Entity Does Nothing 18. What happens if the municipal entity doesn't do anything? The municipal entity will remain a Defendant Class Member and will be included in the Proposed Settlement if it is approved. See Question 9 for more information. More Information 19. Where can the municipal entity get more information? THE FOREGOING IS ONLY A SUMMARY OF THE LAWSUIT, THE CLAIMS AND THE SETTLEMENT. THE COMPLETE TERMS AND SETTLEMENT AGREEMENT ARE POSTED ON THE RETIREMENT BOARD WEBSITE: http://content.ersri.org/settlement/ The municipal entity may obtain more information concerning this Proposed Settlement and the lawsuit by contacting Defendant Class Counsel at: marc@desistolaw.com 20. What happens after the Fairness Hearing? Assuming the Court approves the Proposed Settlement at the hearing, a Final Judgment approving the Proposed Settlement for all Defendant Class Members will be entered upon the enactment into law of the Legislation which is part of the terms of the Proposed Settlement. If the Legislation is not enacted, then the Proposed Settlement will not be implemented and the original lawsuits will proceed.
Published: 4/27/2015
STATE OF RHODE ISLAND PROVIDENCE, SC. SUPERIOR COURT RHODE ISLAND PUBLIC EMPLOYEES' RETIREE COALITION, et al, Plaintiffs, vs. GINA RAIMONDO, in her capacity as Governor of the State of Rhode Island, et al, Defendants C.A. No. PC 15-1468 NOTICE OF CLASS ACTION LAWSUIT AND PROPOSED SETTLEMENT OF CLAIMS RELATING TO RETIREMENT BENEFITS AND OF HEARING THEREON THE SUPERIOR COURT FOR PROVIDENCE COUNTY, RHODE ISLAND, HAS AUTHORIZED THIS NOTICE. IT IS NOT A SOLICITATION OR ADVERTISEMENT FROM A LAWYER. YOU ARE NOT BEING SUED. YOU HAVE RECEIVED THIS NOTICE BECAUSE YOU HAVE BEEN IDENTIFIED AS A PERSON WHO IS A MEMBER OF THE CLASS INVOLVED WITH A CERTAIN LAWSUIT, AND THE PROPOSED SETTLEMENT OF THAT LAWSUIT, IF APPROVED, WILL AFFECT YOUR LEGAL RIGHTS. YOU SHOULD READ THIS NOTICE CAREFULLY. This Notice concerns the proposed settlement of a lawsuit ("the lawsuit") pending in the Rhode Island Superior Court against Gina Raimondo in her capacity as Governor of the State of Rhode Island, Seth Magaziner in his capacities as General Treasurer of the State of Rhode Island and Chairperson of the Rhode Island Retirement Board, Frank J. Karpinski in his capacity as Secretary to the Retirement Board, the Employees' Retirement System of the State of Rhode Island ("ERSRI"), the Rhode Island Retirement Board and municipalities that participate in municipal and teacher retirement programs administered by ERSRI (the "Municipal Entities"). The lawsuit has been brought by a coalition of retirees, individual retirees, statewide labor organizations representing Rhode Island state employees, public school teachers and municipal employees, as well as individual state employees, teachers and municipal employees, to challenge statutes passed by the Rhode Island General Assembly in 2009, 2010, and 2011 (hereinafter "the Enactments"). The 2009 and 2010 Enactments changed the way retirement benefits were to be calculated for current Rhode Island state employees and public school teachers, including modifying the time the employees would be eligible for the benefits, modifying the time the employees once retired would be eligible to receive "cost of living adjustments" ("COLAs"), and modifying both the method of calculation and the maximum amount of the COLA by imposing a statutory COLA "cap." The 2011 Enactment further changed the way retirement benefits were to be calculated for current Rhode Island state employees and public school teachers, including changes to the time the employees would be eligible for the benefits, lower benefits under the pension system, lower employee contributions under the pension system, addition of a defined contribution plan with both employee and employer contributions, modifications to the time the employees once retired would be eligible to receive COLAs, and more changes in both the method of calculation and the maximum amount of the COLA. The provisions of the 2011 Enactment were also applied to municipal programs administered under the Municipal Employees Retirement System ("MERS") by ERSRI, affecting municipal employees, including education support professionals, and fire personnel. In addition, the 2011 Enactment provided that the new COLA would be suspended for any fund that was less than 80% funded according to professional standards, however, a COLA payment would be made once every five years until the fund was 80% funded. The following cases were brought by these parties against in Rhode Island Superior Court in 2010 and 2012 to challenge the Enactments: C.A. 10-2859, 12-3166, 12-3167, 12-3168 and 12-3579. In March 2015, the parties agreed to a proposed settlement of these cases, subject to the Court's approval. The proposed settlement would end the litigation in all cases as described below. In April 2015, the Court entered an order certifying the lawsuit as a class action. The parties are now seeking to have the proposed settlement of the class action (the "Proposed Settlement") approved by the Court. This Notice provides a summary of the impact that the Proposed Settlement will have on your rights. If you do not understand the information in this notice, you should follow the enclosed instructions for obtaining additional information or consult with an attorney. SUMMARY OF YOUR RIGHTS AND OPTIONS YOUR OPTIONS, RESULT, DUE DATE ACCEPT THE PROPOSED SETTLEMENT - Because the Court has already included you in the Class, you are automatically included in the Proposed Settlement. You do not need to do anything to participate in the Proposed Settlement if approved by the Court. See Questions 5 through 6 for more information. None COMMENT ON OR OBJECT TO THE PROPOSED SETTLEMENT - If you want to be heard by the Court regarding the terms of the Proposed Settlement, you may tell the Court why you do or do not like the terms of the Proposed Settlement. Instructions for giving a comment or objection are described later in this Notice. See Question 13 for more information. May 15, 2015 APPEAR AT "FAIRNESS HEARING" - If you have filed a written comment or objection by May 15, 2015, and wish to be heard by the Court, you may appear in person at the "Fairness Hearing" on May 20, 2015. See Questions 14 through 17 for more information. May 20, 2015 CONTENTS OF THIS NOTICE Case Information 1. What is the purpose of this Notice? 2. What is this lawsuit about? 3. What is a class action lawsuit? 4. Why is there a Proposed Settlement? Those Who are Included in the Proposed Settlement 5. Am I part of the Class? 6. Am I included in the Proposed Settlement? Proposed Settlement Terms 7. What are the terms of the Proposed Settlement with respect to the Enactments? 8. What are the benefits of the Proposed Settlement? 9. What happens if the Proposed Settlement is approved? 10. How do I accept the Proposed Settlement? Participation in the Class and the Proposed Settlement 11. Can I get out of the Proposed Settlement if I don't like it? The Lawyers Who Are Representing You 12. Do I have a lawyer representing me in this case? Supporting or Objecting to the Proposed Settlement 13. How do I tell the Court that I like or do not like the Proposed Settlement? Fairness Hearing 14. What is the Fairness Hearing? 15. When and Where will it Occur? 16. Do I Have to Attend the Fairness Hearing? 17. May I Speak at the Fairness Hearing? If You do Nothing 18. What happens if I don't do anything? More Information 19. Where can I get more information? 20. What happens after the Fairness Hearing? Case Information 1. What is the purpose of this Notice? A class action lawsuit has been filed in the Superior Court for the State of Rhode Island concerning statutes of the State of Rhode Island ("the Enactments") which affected the way retirement eligibility and benefits are calculated for current state employees, public school teachers, and certain municipal employees participating in a municipal plan administrated by the ERSRI and which modified and in many cases suspended the COLAs paid to individual retirees (or their beneficiaries) who had already retired. This suit is called Rhode Island Public Employees' Retiree Coalition, et al. v. Raimondo, et al., No. PC 2015-1468, and concerns the Enactments. The Court has certified the lawsuit to proceed as a class action for settlement purposes and has certified the following class and subclasses: CLASS. All persons (and/or their beneficiaries) who, on or before July 1, 2015, are receiving benefits or are participating in the State Employees, Teachers, or Municipal Employees retirement systems administered by ERSRI and all future employees, excepting only those individuals who on July 1, 2015, are participating in a municipal retirement system administered by ERSRI for municipal police officers in any municipality and/or for fire personnel of the City of Cranston. You are receiving this Notice because you fall into one of the following groups: A. State employees and Teachers: Participants in the Teachers and State Employees Retirement System ("ERS") who are employed on or before July 1, 2015 but who have not retired as of June 30, 2015 and all future employees. B. Participants in MERS, other than police or fire units: Participants in MERS, other than police or fire units, employed on or before July 1, 2015, but who have not retired as of June 30, 2015 and all future employees. C. Participants in all fire MERS units, except for fire personnel of Cranston: Participants in all fire MERS units, except for fire personnel of Cranston, employed on or before July 1, 2015 but who have not retired as of June 30, 2015 and all future employees. D. Retirees: All retired members and beneficiaries of retired members who retired on or before June 30, 2015, who are receiving a retirement benefit under ERS or any MERS unit. If you meet any of these definitions, you are a member of the class ("Class Member") involved in this lawsuit. Please note: You are not a member of the Class and not subject to this Notice if you are (1) a non-retired participant in the City of Cranston's fire MERS pension systems or (2) a non-retired participant in a police pension system for any Rhode Island municipality participating in MERS. The Superior Court for Providence County, Rhode Island, authorized this Notice. As a Class Member, you have the right to know about the class action lawsuit and the Proposed Settlement agreed to by the parties to the lawsuit. As a Class Member, you have options that you may exercise before the Court decides whether to approve the Proposed Settlement. Your legal rights will be impacted depending on the option you choose. This Notice is to explain the lawsuit, the Proposed Settlement, and your legal rights and how to exercise them. 2. What is this lawsuit about? The lawsuit is about changes made to retirement benefits. The changes that were made by the Enactments are more fully described on pages 1 and 2. 3. What is a class action lawsuit? In a class action lawsuit, one or more persons called "Class Representatives" sue on behalf of other people who all have similar claims. The people who all have similar claims are called the "Class" or "Class Members." The Class Representatives - and all Class Members like them - are called the plaintiffs. The party that they have sued is called the defendant (in this case, State of Rhode Island, the Governor, the Treasurer, the ERSRI, the Retirement Board and Municipal Entities). The lawyer who represents the Class is called "Class Counsel." In a class action lawsuit, all factual questions and legal issues are resolved together for everyone in the Class in one case. Once the Court issues a final judgment in the class action lawsuit, that judgment will be binding on all Class Members. 4. Why is there a Proposed Settlement? The Court has not decided in favor of either the Plaintiffs or the Defendants in this case. Instead, all parties have agreed to a Proposed Settlement. By settling the claims, the parties can avoid the cost and uncertainty of a trial and can resolve this lawsuit in a way that will benefit both parties. The Class Representatives and Class Counsel in this case think that this Proposed Settlement is the best result for all retirees and employees who are members of the class in order to avoid the more drastic changes in the Enactments. Those Who Are Included in the Proposed Settlement 5. Am I part of the Class? According to the order of the Court, you are part of the Class if you fall within groups A - D in Section 1 above. 6. Am I included in the Proposed Settlement? As a Class Member, you will be included in the Proposed Settlement and requirements and benefits will apply to you if the Court approves the Proposed Settlement. Proposed Settlement Terms 7. What are the terms of the Proposed Settlement with respect to the Enactments? A summary of the terms of the Proposed Settlement pertaining to the Enactments follows. THE COMPLETE TERMS AND SETTLEMENT AGREEMENT ARE POSTED ON THE RETIREMENT BOARD WEBSITE: http://content.ersri.org/settlement/ Except as modified by the terms of the Proposed Settlement, the Enactments shall remain in full force and effect. The terms of the Proposed Settlement will be adopted by the State through legislation. This action may take place before or after the Court considers the Proposed Settlement, but the passage of the legislation is a condition which must be accomplished in order for the Proposed Settlement to be implemented. All terms are effective July 1, 2015, except as otherwise provided. I. Cost of Living Adjustments ("COLA") and Other Payments: A. A One-Time COLA. A one-time COLA will be paid to retirees (or their beneficiaries) who participate in a COLA program and who retired on or before June 30, 2012: Effective for members and/or beneficiaries of members who retired on or before June 30, 2012, a one-time COLA payment of 2% applied to first $25,000 of pension benefit (that is, up to $500) will be paid and that amount will be added to the retiree's base benefit. Payment is to be made as soon as administratively reasonable following the passage of the legislation based on the amount of benefit payable on the effective date of the legislation. The one-time COLA will be paid to all members who participate in a COLA program and who retired on or before June 30, 2012, without regard to any other eligibility requirement (such as age or number of years since retirement). B. Changes to Regular COLA. i. For Funds that are not already 80% funded, the Settlement shortens the time intervals between suspended COLA payments from once every 5 years to once every 4 years: Under the 2011 Enactment, the regular annual COLA will be applied only when the funding level reaches 80%. The Settlement will not change that. For MERS plans, the COLA for each MERS unit will continue to be separately evaluated as to achievement of 80% funding level. For State Employees and Teachers, the 80% will continue to be calculated on an aggregate basis with Judicial Retirement Benefits Trust and State Police Retirement Benefits Trust. For funds which have not reached 80% funding level, there will be a COLA calculation and payment, if any, due every four years until the plan reaches 80% funding, with clarification that first 4th year (for those pension funds having not yet met 80% funding) will be the calendar year commencing January 2017. ii. The Settlement improves the COLA limitation for current retirees whose COLA is suspended: Under the 2011 Enactment, the COLA is calculated on the first $25,000 of retirement benefits. For members and/or beneficiaries retired as of June 30, 2015 in a plan that is not 80% funded, the $25,000 COLA cap will be increased to $30,000 for so long as the plan remains under 80% funded. For members and/or beneficiaries retired on or after July 1, 2015, and/or for members and/or beneficiaries in a plan that is more than 80% funded regardless of retirement date, the COLA will remain payable on the first $25,000 of the member and/or beneficiary's benefit. iii. The Settlement requires a more favorable indexing of COLA Cap for all current and future retirees: The $25,000 or $30,000 COLA cap will be reviewed every year. If the COLA formula under the Settlement produces a positive number, the cap will be adjusted upward even if no COLA is paid because the funding level is less than 80%. iv. The Settlement requires the use of a COLA calculation more likely to produce a positive number for all current and future retirees: The formula imposed by the 2011 Enactment will be used to calculate only one-half of the COLA. Thus, 50% of the COLA will be calculated using a calculation of investment returns (minimum of 0%, maximum of 4%), and 50% of COLA will be calculated using the previous year's Consumer Price Index-Urban ("CPI-U") (minimum of 0%, maximum of 3%) for a total maximum COLA of 3.5%, effective for calendar years following July 1, 2015. The COLA Formula will be calculated annually, regardless of funding level, and will never produce a number less than 0.0%. The COLA, when paid, will be compounded for all receiving COLA (this includes all MERS units entitled to a COLA through MERS under the 2011 Enactment). C. Additional Payments to current retirees (these are not COLAs and are not added to future base benefits). Two payments for retirees (or their beneficiaries) who have or will have retired on or before June 30, 2015: i. a one-time five hundred dollar ($500.00) stipend (not added to COLA base) shall be payable within sixty (60) days following the enactment of the legislation; and ii. a second one-time five hundred dollar ($500.00) stipend (not added to COLA base) shall be payable one year later. (These payments are not limited to retirees receiving a COLA.) II. Terms Applicable to State Workers, Teachers and General MERS: The following applies in addition to the improvements in the calculation of the COLA described in Section I(B)(i)-(iv) above. A. The Settlement adds another calculation to reduce the minimum retirement age. Under the 2011 Enactment, the minimum retirement age was increased to 67 with 5 years of service. (Many employees were "grandfathered" in with a lower minimum retirement age. The Settlement does not change that.) The Settlement adds another calculation, applicable to all current and future employees. Employees shall be eligible to retire upon the attainment of age 65 with at least thirty (30) years of service, age 64 with at least thirty-one (31) years of service, age 63 with at least thirty-two (32) years of service, or age 62 with at least thirty-three (33) years of service, or, if earlier, under their eligible retirement date under the 2011 Enactment. B. The Settlement improves the available accrual rate for employees with 20 years or more of service as of 6/30/12. i. These employees will stay in the defined benefit plan, and, effective July 1, 2015, the accrual increases from 1% to 2% per year. For this accrual, employees in general MERS will pay an additional 2.25% (new contribution amount will be either 8.25% or 9.25%, depending on whether the unit has a COLA). State workers and teachers will increase their contribution to 11%. (This provision does not apply to correctional officers.) ii. They will not participate in defined contribution plan after July 1, 2015. They will continue to own the individual accounts created by RIRSA and funded through July 1, 2015. C. For employees with 10 or more years of service (but less than 20) as of June 30, 2012, the Settlement requires increased contributions by the employer to Defined Contribution Plan. i. Where the employee has at least 10 but fewer than 15 years of service as of 6/30/12: effective July 1, 2015, the employer will contribute 1.25% (3.25% for employees without Social Security) to defined contribution plan (i.e., +0.25%). ii. Where the employee has at least 15 but fewer than 20 years of service as of 6/30/12: effective July 1, 2015, the employer will contribute 1.50% (3.5% for employees without Social Security) to defined contribution plan (i.e., +0.50%). D. For employees participating in the Defined Contribution Plan who make $35,000 or less, the administration fee will be waived. E. For part-time employees, the 2011 Enactment imposed an "anti-spiking" rule. The Settlement adds another calculation designed to limit the impact of that rule. Under the Settlement, if the highest 5-year average salary calculation is less than $35,000, the pension will be based on the higher of the following two calculations: Highest 10-year average earnings, or Highest 5-year average earnings with a $35,000 cap III. The Settlement Makes Changes Applicable to MERS Firefighters (excluding Cranston Fire Personnel): The following applies in addition to the improvements in the calculation of the COLA described in Section I(B)(i)-(iv) above. A. The Settlement lowers the age and service requirements for retirement. Effective July 1, 2015 firefighters can retire with their full benefit if they are 50 years old and have at least 25 years of service or at any age if they have at least 27 years of service. Firefighters will pay an additional 2% employee contribution (that is, 9% for those not participating in MERS COLA, and 10% for those who do participate in MERS COLA) effective July 1, 2015. B. The Settlement increases the accrual rate for Firefighters who retire at age 57 with 30 years of service. They will accrue 2.25% per year for all years of service not already accrued at a higher rate. IV. The Settlement Makes Changes Applicable to State Correctional Officers: A. The Settlement increases the accrual rate for correctional officers with fewer than 25 years of service as of 6/30/12 as follows: Year 31 - additional 1% accrual Year 32 - additional 1% accrual Year 33 - additional 1% accrual Year 34 - additional 1% accrual Year 35 - additional 1% accrual V. The Settlement reduces the impact of an early retirement. Under the 2011 Enactment, employees with 20 or more years of total service who are within 5 years of their eligible retirement age/date may retire early, but their benefit will be reduced. The Settlement replaces the required actuarial reduction with the following formula, applicable to all categories of current employees, calculated as follows: Nine (9) percent Year 1 Eight (8) percent Year 2 Seven (7) percent Year 3 Seven (7) percent Year 4 Seven (7) percent Year 5 These numbers are cumulative, so that a one-year reduction causes a 9% reduction, two years is 17% (that is, 9 plus 8), and so on (to a maximum of 38% reduction for retiring 5 years early). VI. The Settlement Allows Municipalities to "re-amortize," that is, a partial refinance, to be able to pay for the increased cost of the Settlement. The current projection of the one-year cost of the Settlement was approximately $31 million. In order to obtain the agreement of the municipalities to participate in the Settlement, the municipalities are extending their financing to address the increased costs associated with complying with the settlement. VII. Other than those proposed legislative changes, all other legislative provisions in the 2011 Enactment as it presently exists shall remain the same. 8. What are the benefits of the Proposed Settlement? The benefits of the Proposed Settlement are that Class Members reduce the severe impacts of the Enactments that have been in place and that would be permanent in the event the Court challenges were unsuccessful. In fact, an adverse court decision could have serious future adverse impact on the continuing level of retirement benefits. Further, even if the Court challenges were successful, in the opinion of Class Counsel, the probability that the Court would require the State and Municipal Defendants to restore retirement benefits and eligibility to pre-Enactment levels is very low and it is expected that the Court would provide the State and Municipal Defendants an opportunity to revise the Enactments to meet constitutional standards without restoring benefits. 9. What happens if the Proposed Settlement is approved? If the Proposed Settlement is approved, you will be bound by the terms of the Proposed Settlement and the Final Judgment that implements it. You will receive all rights and benefits provided by the Proposed Settlement but you will no longer be able to bring your own lawsuit against the State and Municipal Defendants that involves the same issues in this case. 10. How do I accept the Proposed Settlement? You do not need to do anything to accept the Proposed Settlement. You are already a Class Member. If the Proposed Settlement is approved by the Court, you will receive the applicable benefits of the new legislation. 11. Can I get out of the Proposed Settlement if I don't like it? You cannot elect to get out of the settlement if you do not like it. You can present an objection to the Court explaining your opposition and why you believe that it should not be approved for anyone. Those steps are described in Question 13. The Lawyers Who Are Representing You 12. Do I have a lawyer representing me in this case? Yes. The Court has appointed Lynette Labinger, Esq.; Thomas Landry, Esq., Douglas Steele, Esq., Joseph F. Penza, Esq.; Carly Iafrate, Esq.; Maame Gyamfi, Esq. as Class Counsel in this case. The Court has determined that each attorney is qualified to represent the interests of the groups in this lawsuit. The Class Counsel for each group are as follows: For retirees: Carly Iafrate, Esq. and Maame Gyamfi, Esq. For state employees and teachers: Lynette Labinger, Esq. For municipal employees (other than public safety) in MERS units: Thomas Landry, Esq. For fire personnel: Douglas Steele, Esq. and Joseph F. Penza, Esq. The Court has determined that each such attorney has experience in handling claims of other active employees or retirees relating to their retirement eligibility or benefits. As Class Counsel, each attorney is required to represent the interests of the Class in this lawsuit. Supporting or Objecting to the Proposed Settlement 13. How do I tell the Court that I support or oppose the Proposed Settlement? You can tell the Court why the Proposed Settlement should, or should not, be approved. You may submit a comment telling the Court that you like the Proposed Settlement and that you think it should be approved. You may also object to the Proposed Settlement by telling the Court that you do not like the Proposed Settlement and do not think it should be approved. The Court will consider comments and objections from Class Members. You are not required to submit any comments or objections. To comment on or object to the Proposed Settlement, you must send a letter or have your attorney send a letter on your behalf. The letter must include the following information: your full name, mailing address, and email address where available; if you are retired, the State, school department or municipal employment that you retired from and the year you retired; if you are an active employee, your current State, school department or municipal employer and the approximate number of years of that you have served in that employment; a statement that you are commenting on or objecting to the Proposed Settlement in Rhode Island Public Employees' Retiree Coalition, et al. v. Raimondo, et al., No. PC 2015-1468; the factual and/or legal reasons for your comment or objection to the Proposed Settlement; any documents supporting your comment or objection; state whether you would like to speak at the Fairness Hearing (see Question 17 below); and your signature or that of your attorney. The deadline to submit a comment or objection is May 15, 2015. You must mail your comment or objection to the Honorable Sarah Taft-Carter, with a copy to Class Counsel at the addresses listed below so that it is received no later than May 15, 2015. COURT The Hon. Sarah Taft-Carter Providence County Superior Court 250 Benefit Street Providence, Rhode Island 02903 CLASS COUNSEL Joseph F. Penza, Jr., Esq. Olenn & Penza LLP 530 Greenwich Avenue Warwick, RI 02886 Your letter must include a reasonable basis for commenting on or objecting to the Proposed Settlement. The Court may reject any comments or objections that it deems frivolous or that are made for an improper purpose. You are not required to submit a comment or objection and, if you do not submit a letter, Class Counsel will still represent the collective interests of the Class. If you choose not to submit a comment or objection, you will waive your right to be heard individually at the Fairness Hearing on whether to approve the Proposed Settlement and any right of appeal that you may have. Fairness Hearing 14. What is the Fairness Hearing? The Fairness Hearing is a session of the Court during which the Court will hear arguments from the lawyers for the parties, and possibly from Class Members, on whether the Court should approve the Proposed Settlement. At this hearing, the Court will consider whether the Proposed Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may or may not choose to hear testimony and receive additional evidence to help the Court make its decision. After the Fairness Hearing, the Court will decide whether to approve the Proposed Settlement. There is no specific deadline for the Court to issue its decision. 15. When and Where will it Occur? The Fairness Hearing will take place on May 20, 2015 at 9:30 a.m. at the address below: Providence County Superior Court, Licht Judicial Complex, Courtroom 11 250 Benefit Street, Providence, Rhode Island 02903 16. Do I Have to Attend the Fairness Hearing? No. Class Counsel will answer any questions that the Court has and will make arguments on behalf of the entire Class. Even though you are not required to attend, you may come to the hearing at your own expense. If you send a comment or an objection, you do not have to attend the hearing. As long as you send your comment or objection according to the requirements of Question 13, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. 17. May I Speak at the Fairness Hearing? You and/or your attorney may ask the Court's permission to speak at the hearing concerning the Proposed Settlement. To do so, you must send a notice that you would like to speak by May 15, 2015. The required content of your notice to speak at the Fairness Hearing is outlined in answer to Question 13. You must mail your notice to the Honorable Sarah Taft-Carter with a copy to Class Counsel at the addresses listed in Question 13 so that it is received no later than May 15, 2015. If you send a comment or objection, you may combine this notice and your comment or objection by including this notice in your letter (See Question 13). If You Do Nothing 18. What happens if I don't do anything? You will remain a Class Member and will be included in the Proposed Settlement if it is approved. See Question 9 for more information. More Information 19. Where can I get more information? THE FOREGOING IS ONLY A SUMMARY OF THE LAWSUIT, THE CLAIMS AND THE SETTLEMENT. THE COMPLETE TERMS AND SETTLEMENT AGREEMENT ARE POSTED ON THE RETIREMENT BOARD WEBSITE: http://content.ersri.org/settlement/. You may obtain more information concerning this Proposed Settlement and the lawsuit by contacting Class Counsel at: RIPensionInfo@gmail.com. Please do not contact ERSRI with questions. 20. What happens after the Fairness Hearing? Assuming the Court approves the Proposed Settlement at the hearing, a Final Judgment approving the Proposed Settlement for all Class Members will be entered upon the enactment into law of the Legislation which is part of the terms of the Proposed Settlement. If the Legislation is not enacted, then the Proposed Settlement will not be implemented and the original lawsuits will proceed.
Published: 4/27/2015
ADVERTISEMENT FOR BIDS Town of Hopkinton, Rhode Island The Town is currently seeking sealed bids for the following Department of Public Works services: Town Pavement Milling, Reconstruction and Overlay Project A complete document package containing bid information, instructions, and specifications may be obtained at the Town Clerk's Office, 1 Town House Road, Hopkinton, RI 02833 from 8:30 a.m. to 4:30 p.m., Monday through Friday, and is available on the Town's website www.hopkintonri.org Sealed bids will be accepted at the Clerk's Office until 2:00 p.m. on Friday, May 29th, 2015. Sealed bids will be opened in the Town Hall Council Chambers at 2:15 p.m. on Friday, May 29th, 2015. For further information, contact Timothy Tefft, Public Works Director, during normal business hours at (401) 377-7790 or email him at ttefft@hopkintonri.org
Published: 4/26/2015
PUBLIC AUCTION Rhode Island Portable Storage, LLC d/b/a PODS, hereby publishes notice as required by Rhode Island "Self-Service Facility Act" Section (RI Stat. 34-42-4) of public sale of property listed below to satisfy a landlords lien, all sales are for cash to the highest bidder and are considered final. PODS reserves the right to reject any bids. The sale shall be held at 185 Compass Circle, North Kingstown, RI 02852 on Wed., May 13th, 2015 at 11:00 AM. Fernandez, Lionel - 178B61 Mahoney, Susan - 182A61 Tucker, Christopher - 10A61 Contents included but not limited to: Household items, books, exercise equipment, stereo equipment and more.
Published: 4/26/2015
CITY OF NEWPORT, RHODE ISLAND PURCHASING DIVISION NOTICE TO BIDDERS SEALED PROPOSALS RFP# 15-061 Sealed Proposals for furnishing the City of Newport, Rhode Island with Professional Auditing and Agreed-Upon Procedures Services, in accordance with all terms and specifications contained herein, will be received in the Purchasing Office, City Hall, 43 Broadway, Newport, R. I., until: Two (2:00) O'clock p.m., Local Time May 22, 2015 This is not a public opening If additional information is needed, please email the Technical POC listed in the package. Proposals must be submitted in sealed envelopes addressed to the Purchasing Office, City Hall, 43 Broadway, Newport, R. I. 02840, and must be plainly marked in the lower left hand corner, "Professional Auditing and Agreed-Upon Procedures Services - RFP# 15-061". Erin Mulligan Purchasing Agent emulligan@ cityofnewport.com Any questions relating to the Request for Proposals must be emailed. Note: You must register on the e-Procurement System at www.cityofnewport.com
Published: 4/24/2015
Harmony Fire District Sale of Property for Unpaid Fire District Taxes The Harmony Fire District hereby gives notice that it will sell at public auction to the highest bidder the following parcels of real estate, or so much thereof as may be necessary to pay the fire district taxes assessed as of December 31, 2014 (and as to certain parcels, taxes assessed in prior years), together with the interest on the unpaid taxes, and the costs and charges incident to this sale. The sale will take place at the Harmony Fire Station, 194 Putnam Pike, Glocester, Rhode Island on Friday, May 15, 2015 at 10:00 a.m. Terms: Cash or Certified Bank Check Information about the amount of taxes due on each parcel may be obtained from the Tax Collector for the Harmony Fire District by calling (401) 949-1188 and the amount of taxes due on each parcel will be announced at the sale. The Harmony Fire District gives no warranty, express or implied, as to the title of the real estate sold, as to the adequacy of the notice given of such sale, or as to the validity of the sale. The property is sold at the buyer's risk. In the event of an invalid sale, the buyer will be entitled to reimbursement for the amount paid at the tax sale plus statutory interest at the rate of one percent (1%) per month from the date of payment until the date of refund, notwithstanding the provisions of section 45-15-5. The taxing authority may recover any interest paid to a tax sale purchaser under this section from the delinquent assessed owner of the property as if the tax sale of the property had not been held. If you are the owner of the property to be sold, or if you have an ownership interest in the property to be sold, you will have one year to redeem the property by paying the taxes that were due, plus a ten percent penalty on the tax sale amount, plus one percent interest per month on the tax sale amount from the seventh month onward. After one year, you may exercise your right to redeem the property through the tax sale purchaser or his attorney. If a petition to foreclose your right of redemption has been filed in Superior Court, you may redeem the property through the Court if you do so before a final decree is entered. The parcels to be sold at public auction are listed below by the Plat and Lot numbers assigned to them by the Glocester Tax Assessor. More information about each parcel may be obtained at the Office of the Tax Assessor, Town of Glocester, 1145 Putnam Pike, Chepachet, RI 02814. Kimberly S. Barber Harmony Fire District Tax Collector Bessette, Linda F., 0WL/255/000, 34 Oliver Street Brayall, Matthew W. & Deborah P., 0HH/031/000, 60 Stirling Drive Collucci, Thomas & Laurie, 018/309/000, 16 Arrowhead Trail Coppolino, Joachim, 013/106/000, 574 Cooper Road Cullen, Thomas J & Kimberly B., 0PI/001/000, 54 Old Quarry Road Deming, Carol & Glen, 0HH/022/000, 11 Jeffrey Drive Donnelly, Paul J. & Suzanne, 018/018/000, 447-449 Snake Hill Road BCMS International, Inc., 0WL/146/000, 105 Waterman Lake Drive Franco, Jacqueline S. & Joseph A., 018/163/000, Saw Mill Road Hood, Peter & Arlene, 016/078/000, 176 Absalona Hill Road Laurito, Salvatore, 0GH/010/000, Maplewood Drive Tesseris, Peter A. & Joyce A. & RI Housing, 018/043/00A, 11 Winsor Park Way Saccoccio, Michael, 017/103/00A, 16 Hamilton Hill Silva, Olegario, 018/181/000, Tourtellot Hill Road Such, Joseph S. & Emily M., 019/027/000, 95 Putnam Pike Thomas, Donald J. & Fidas, Alexandra M. & Thomas, James R., 017/146/000, 14 Highland Road Weidele, Edgar F. & Patricia A., 0LP/004/000, 24 Absalona Hill Road Wheaton Estate, Gary W., 0WL/231/000, 36 Dawson Street
Published: 4/24/2015
INVITATION FOR BID TOWN OF NORTH PROVIDENCE 1) General Liability Insurance 2) Workers' Compensation & Employers Liability Insurance 3) Actuarial Services 4) Playground Equipment Sealed bids will be received in the Office of the Purchasing Agent at the North Providence Town Hall, 2000 Smith Street, North Providence, Rhode Island 02911 until 9:45 a.m. local time May 15, 2015. Bids will be opened publicly and read aloud in the Assembly room of the North Providence Town Hall on May 15, 2015 at 10:00 a.m. local time. Specifications will be available on the following web site http://northprovidenceri.gov/purchasing/. The Purchasing Board reserves the right to reject any and all bids, to waive any informalities in the bids received and to accept and award the bid to the lowest evaluated bidder deemed most favorable to the interest of the Town. Individuals requesting interpreter services for the hearing impaired must call the Purchasing Agent 48 hours in advance of the meeting date. Per Order of the North Providence Division of Purchasing Michael K. Mooney, Purchasing Agent
Published: 4/24/2015
NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be conducted by the Rhode Island Health and Educational Building Corporation (the "Corporation") on May 12, 2015, at 10:00 a.m. at the Corporation's office located at 170 Westminster Street, Suite 1200, Providence, Rhode Island 02903, on the proposal of Providence College, a Rhode Island non-profit corporation (the "Institution") that the Corporation issue its Higher Education Facility Revenue Bonds, in a maximum aggregate face amount not to exceed $55,000,000 (the "Bonds"). The proceeds of the Bonds will be loaned to the Institution and will be used by the Institution to finance or refinance the following projects located on the Institution's campus in the Elmhurst section of Providence, Rhode Island which consists essentially of the land and buildings owned by the Institution in the area bounded by Eaton Street, River Avenue, Admiral Street and Douglas Avenue (the "Institution's Campus") (collectively, the "Project"): (i) the renovation and construction of an approximately 32,000 square feet of space in an existing residence hall (Dore Hall) plus the construction of approximately 40,000 square feet of new space to accommodate the programs of the School of Business, plus provide other academic, office, meeting and student space on the lower campus; (ii) the construction of a new soccer and lacrosse stadium with accompanying lighting on Huxley Avenue plus the relocation of softball, tennis and parking from the Huxley Avenue Field to Glay Field or other locations within the Institution's Campus; (iii) the renovation and expansion of Albertus Hall involving the renovation of approximately 63,935 square feet of existing laboratory, classroom and office space, plus the construction of approximately 30,000 square feet in new space; (iv) the renovation of an approximately 23,500 square foot portion of the Slavin Student Center, the enclosure of the patio between the Alumni Hall athletic facility and Slavin Center and the construction of a basketball practice facility of approximately 46,500 square feet; (v) the relocation and improvement of entrances at the Institution's Campus and access roads, the closure of certain streets acquired from the City of Providence and the creation and relocation of campus parking, creation of open spaces and plazas and the integration of the two portions of the Institution's Campus; (vi) capitalized interest on the construction costs of the Project; (vii) fund a debt service reserve fund, if required; (viii) costs of issuance of the Bonds; and (ix) the current refunding of the Corporation's remaining outstanding $15,480,000 Higher Education Facility Revenue Refunding Bonds (Providence College Issue Series 2008) (the "Series 2008 Bonds"). The Series 2008 Bonds current refunded: (a) all of the Corporation's remaining outstanding Higher Education Facility Revenue Bonds (Providence College Issue Series 2003B) (the "Series 2003 B Bonds") and (b) all of the Corporation's remaining outstanding Higher Education Facility Revenue Bonds (Providence College Issue Series 2006) (the "Series 2006 Bonds"). The Series 2003 B Bonds were a new money issue which financed (i) the construction and equipping of the Smith Center for the Arts Center and other facility upgrades, including athletic fields; and (ii) certain expenses incurred with respect to the issuance of the Series 2003B Bonds. The Series 2006 Bonds were a new money issue which financed (i) the construction and equipping of a new student wellness and fitness center adjacent to Peterson Recreational Center and Alumni Hall, (ii) the construction of a new front entrance to integrate the wellness and fitness center with existing facilities, (iii) the renovation of an existing residence hall allowing for the creation of additional beds, (iv) the conversion of academic offices into faculty research labs, (v) the creation of additional faculty offices, (vi) capitalized interest on the construction costs of the project, and (vii) certain expenses incurred with respect to the issuance of the 2006 Bonds. All projects to be financed with proceeds of the Bonds will be owned and operated by the Institution. Neither the State of Rhode Island and Providence Plantations nor the Corporation is obligated to pay the principal of or redemption price or interest on the Bonds, except from monies to be provided by the Institution under a loan and trust agreement with the Corporation and other security pledged therefor, and neither the faith and credit nor the taxing power of the State of Rhode Island and Providence Plantations or of any municipality or political subdivision thereof is pledged to the payment of the Bonds. The Corporation does not have taxing power. The Corporation is accessible to the handicapped. Those requesting interpreter services for the hearing impaired must notify the Corporation at 401-831-3770 forty-eight (48) hours in advance of the meeting. ROBERT E. DONOVAN EXECUTIVE DIRECTOR AND HEARING OFFICER RHODE ISLAND HEALTH AND EDUCATIONAL BUILDING CORPORATION
Published: 4/24/2015
STATE OF CONNECTICUT SUPERIOR COURT JUVENILE MATTERS ORDER OF NOTICE NOTICE TO: Gabriel Lake father of a male child born to Letitia Curtis FORMERLY of Shippee Avenue West Warwick RI NOW of parts unknown A petition has been filed seeking: Commitment of minor child(ren) of the above named or vesting of custody and care of said child(ren) of the above named in a lawful, private or public agency or a suitable and worthy person. Termination of parental rights of the above named in minor child(ren). The petition, whereby the court's decision can affect your parental rights, if any, regarding minor child(ren) will be heard on: 06/09/2015 at 10:00 a.m. at 81 Columbia Avenue, Willimantic, CT 06226. Therefore, ORDERED, that notice of the hearing of this petition be given by publishing this Order of Notice once, immediately upon receipt, in The PROVIDENCE JOURNAL, 75 Fountain Street, Providence, RI 02902, a newspaper having a circulation in the town/city of West Warwick, RI. Hon. Francis J. Foley, III Tracey L. Doulens Deputy Clerk 4/16/15 Right to Counsel: Upon proof of inability to pay for a lawyer, the court will make sure that an attorney is provided to you by the Chief Public Defender. Request for an attorney should be made immediately in person, by mail, or by fax at the court office where your hearing is to be held.
Published: 4/24/2015
STATE OF CONNECTICUT SUPERIOR COURT JUVENILE MATTERS ORDER OF NOTICE NOTICE TO: John Doe-father of a male child born on 11/28/14 to Letitia Curtis. FORMERLY of Rhode Island NOW of parts unknown A petition has been filed seeking: Commitment of minor child(ren) of the above named or vesting of custody and care of said child(ren) of the above named in a lawful, private or public agency or a suitable and worthy person. Termination of parental rights of the above named in minor child(ren). The petition, whereby the court's decision can affect your parental rights, if any, regarding minor child(ren) will be heard on: 06/09/2015 at 10:00 a.m. at 81 Columbia Avenue, Willimantic, CT 06226. Therefore, ORDERED, that notice of the hearing of this petition be given by publishing this Order of Notice once, immediately upon receipt, in the PROVIDENCE JOURNAL, 75 Fountain Street, Providence, RI 02902, a newspaper having a circulation in the town/city of West Warwick, RI. Hon. Francis J. Foley, III Tracey L. Doulens Deputy Clerk 4/16/15 Right to Counsel: Upon proof of inability to pay for a lawyer, the court will make sure that an attorney is provided to you by the Chief Public Defender. Request for an attorney should be made immediately in person, by mail, or by fax at the court office where your hearing is to be held.
Published: 4/24/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT JUVENILE CLERK'S OFFICE ADVERTISEMENT PROVIDENCE COUNTY DATE: April 15, 2015 Notice to: TANISHA LINDINA PERRY a/k/a TONISHA LINDINA PERRY, WELTON O. LASSITER and Any & All Parties In Interest In Re: JANIYA JUANITA PERRY and ROYAL KEANU PERRY; Born On: 17-MAY-2007; 25-DEC-2013; Juvenile Number: 201311423,5; Case Number: PTI-15-000065, -000067. The Department of Children, Youth and Families has filed Petitions in the Rhode Island Family Court to terminate your parental rights. Those Petitions are scheduled for a hearing on the Fifth Floor at the Family Court, ONE DORRANCE PLAZA, PROVIDENCE, RI 02903 on 21st day of MAY, 2015 at 9:00 AM. If you do not appear on the 21st day of May, 2015, an Order will enter terminating your parental rights to this child. Ronald J. Pagliarini Administrator/Clerk
Published: 4/24/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT JUVENILE CLERK'S OFFICE ADVERTISEMENT PROVIDENCE COUNTY DATE: April 17, 2015 Notice to: ROBERTO TORRUELLA and Any & All Parties In Interest In Re: EMBERLYN THEADORA MAGUIRE; Born On: 15-AUG-2013; Juvenile Number: 200714532; Case Number: PTI-15-000099. The Department of Children, Youth and Families has filed a Petition in the Rhode Island Family Court to terminate your parental rights. That Petition is scheduled for a hearing on the Fifth Floor at the Family Court, ONE DORRANCE PLAZA, PROVIDENCE, RI 02903 on 7th day of MAY, 2015 at 9:00 AM. If you do not appear on the 7th day of May, 2015, an Order will enter terminating your parental rights to this child. Ronald J. Pagliarini Administrator/Clerk
Published: 4/24/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT JUVENILE CLERK'S OFFICE ADVERTISEMENT PROVIDENCE COUNTY DATE: April 17, 2015 NOTICE TO: The father of a child born to EUGENIA GOMES born on 21-JUN-2008 and Any & all parties in interest. A case has been brought in the Rhode Island Family Court to decide whether you have any parental rights to this child. If you do not appear at a hearing about this matter at the Family Court, ONE DORRANCE PLAZA, PROVIDENCE, RI 02903 on 07-MAY-2015, at 9:00 AM an order will enter without your consent that you no longer have any rights to this child, and the child may be adopted. Ronald J. Pagliarini Administrator/Clerk
Published: 4/24/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT JUVENILE CLERK'S OFFICE ADVERTISEMENT PROVIDENCE COUNTY DATE: April 9, 2015 NOTICE TO: LAWRENCE HINTON and Any & All Parties In Interest In Re: JADA-LYNN NICOLE MARTIN Born On: 22-MAR-2009 Juvenile Number: 200900422 Case Number: PTI-15-000035 The Department of Children, Youth and Families has filed a petition in the Rhode Island Family Court to terminate your parental rights. That Petition is scheduled for a hearing on the Fifth Floor at the Family Court, ONE DORRANCE PLAZA, PROVIDENCE, RI 02903 on 19th day of MAY, 2015, at 9:00 AM. If you do not appear on the 19th day of May, 2015, an Order will enter terminating your parental rights to this child. Ronald J. Pagliarini Administrator/Clerk
Published: 4/24/2015
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Rhode Island Department of Health PUBLIC NOTICE The Director of the Rhode Island Department of Health, in accordance with THE RULES AND REGULATIONS FOR THE CERTIFICATION OF HEALTH PLANS (R23-17.13-CHP), established pursuant to the authority conferred under section 23-17.13 of the General Laws of Rhode Island for the purpose of adopting minimum standards and procedures for the implementation of the Health Care Accessibility and Quality Assurance Act of 1996, hereby gives notice that: Principal Life Insurance Company [Principal Financial Group, Inc.] has submitted a completed application for Health Plan Certification. UniCare Life & Health Insurance Company [Anthem, Inc.] has submitted completed applications for Health Plan Recertification. Copies of the applications are available on-line at: http://www.health.ri.gov/programs/managedcareregulation/ Anyone interested in making written public comments concerning any of the applications may do so by 4 May 2015 via e-mail to: Valentina.Adamova@health.ri.gov For alternative methods of submitting written comments, please call the Office of Managed Care Regulation at (401) 222-6015. The Department shall take final action on the applications after the public comment period. Valentina D. Adamova, MBA (Acting) Chief Health Program Evaluator Office of Managed Care Regulation
Published: 4/24/2015
STATE OF RHODE ISLAND PROVIDENCE, SC. SUPERIOR COURT THOMAS MEDICI and GLORIA D. MEDICI v. Property at: 28 Eudora Street, Providence, RI, and ERNEST FOLCARELLI C.A. No.: PC-2015-0940 RECEIVERSHIP NOTICE Please take Notice that on April 16, 2015, an Order Appointing Permanent Receiver was entered by the Providence County Superior Court in the above-captioned matter. Said Order appointed W. Mark Russo, Esquire, as Permanent Receiver (the "Receiver") of Defendant, and specified that said Receiver was to give a Surety Bond in the amount of $10,000, with respect to the faithful performance of the duties conferred upon said Receiver by said Order. Said Order, the original of which is on file in the Office of the Clerk of the Providence County Superior Court, and which Order is incorporated herein by reference as if it were set forth in full in this Receivership Notice, contains, inter alia, the following provisions: "12. All creditors or other claimants hereby are ordered to file under oath with the Receiver at 55 Pine Street, 4th Floor, Providence, Rhode Island, on or before September 4, 2015, a statement setting forth their claims, including, but without limiting the generality of the foregoing, the name and address of the claimant, the nature and amount of such claim, a statement of any security or lien held by the claimant to which such claimant is or claims to be entitled, and also a statement as to any preference or priority which the claimant claims to be entitled to over the claims of any other or all other claimants or creditors. 13. That the commencement prosecution, or continuance of the prosecution, of any action, suit, arbitration proceeding, hearing, or any foreclosure, reclamation or repossession proceeding, both judicial and non-judicial, or any other proceeding, in law, or in equity or under any statute, or otherwise, against said Defendant or any of its property, in any Court, agency, tribunal, or elsewhere, or before any arbitrator, or otherwise by any creditor, stockholder, corporation, partnership or any other person, or the levy of any attachment, execution or other process upon or against any property of said Defendant, or the taking or attempting to take into possession any property in the possession of the Defendant or of which the Defendant has the right to possession, or the cancellation at any time during the Receivership proceeding herein of any insurance policy, lease or other contract with Defendant, by any or such parties as aforesaid, other than the Receiver designated as aforesaid, or the termination of telephone, electric, gas or other utility service to Defendant by any public utility, without obtaining prior approval thereof from this Honorable Court, in which connection said Receiver shall be entitled to prior notice and an opportunity to be heard, are hereby restrained and enjoined until further Order of this Court." ENTERED at Providence County, Rhode Island on this 20th of April, 2015. BY ORDER: Honorable Justice Silverstein, M 4/20/2015 ENTERED: Susan M. Diggins Clerk, Superior Court
Published: 4/24/2015
STATE OF RHODE ISLAND PROVIDENCE, SC. SUPERIOR COURT THOMAS MEDICI v. KENYON TOOL, INC. C.A. No.: PC-2015-0942 RECEIVERSHIP NOTICE Please take Notice that on April 16, 2015, an Order Appointing Permanent Receiver was entered by the Providence County Superior Court in the above-captioned matter. Said Order appointed W. Mark Russo, Esquire, as Permanent Receiver (the "Receiver") of Defendant, and specified that said Receiver was to give a Surety Bond in the amount of $10,000, with respect to the faithful performance of the duties conferred upon said Receiver by said Order. Said Order, the original of which is on file in the Office of the Clerk of the Providence County Superior Court, and which Order is incorporated herein by reference as if it were set forth in full in this Receivership Notice, contains, inter alia, the following provisions: "12. All creditors or other claimants hereby are ordered to file under oath with the Receiver at 55 Pine Street, 4th Floor, Providence, Rhode Island, on or before September 4th, 2015, a statement setting forth their claims, including, but without limiting the generality of the foregoing, the name and address of the claimant, the nature and amount of such claim, a statement of any security or lien held by the claimant to which such claimant is or claims to be entitled, and also a statement as to any preference or priority which the claimant claims to be entitled to over the claims of any other or all other claimants or creditors. 13. That the commencement, prosecution, or continuance of the prosecution, of any action, suit, arbitration proceeding, hearing, or any foreclosure, reclamation or repossession proceeding, both judicial and non-judicial, or any other proceeding, in law, or in equity or under any statute, or otherwise, against said Defendant or any of its property, in any Court, agency, tribunal, or elsewhere, or before any arbitrator, or otherwise by any creditor, stockholder, corporation, partnership or any other person, or the levy of any attachment, execution or other process upon or against any property of said Defendant, or the taking or attempting to take into possession any property in the possession of the Defendant or of which the Defendant has the right to possession, or the cancellation at any time during the Receivership proceeding herein of any insurance policy, lease or other contract with Defendant, by any or such parties as aforesaid, other than the Receiver designated as aforesaid, or the termination of telephone, electric, gas or other utility service to Defendant, by any public utility, without obtaining prior approval thereof from this Honorable Court, in which connection said Receiver shall be entitled to prior notice and an opportunity to be heard, are hereby restrained and enjoined until further Order of this Court." ENTERED at Providence County, Rhode Island on this 20th day of April, 2015. BY ORDER: Silverstein, M. Honorable Justice ENTERED: Susan M. Diggins Clerk, Superior Court 4/20/15
Published: 4/24/2015
Town of Smithfield REQUEST FOR PROPOSALS COMPREHENSIVE FIRE DEPARTMENT STUDY SEALED PROPOSALS from qualified firms will be received in the Office of the Finance Director, 64 Farnum Pike, Smithfield, RI 02917; until Monday, May 11, 2015 at 10:00 AM, at which time the proposal will be opened and publicly read aloud in the Town Council Chambers, 2nd Floor of the Town Hall Building. Proposal specifications may be obtained through the Town's website at www.smithfieldri.com/bids The Town of Smithfield reserves the right to reject any and all proposals or part thereof, to waive any and all informalities, and to award the contract on the basis of the lowest responsible evaluated bid proposal. Randy R. Rossi Finance Director
Published: 4/24/2015
WESTERLY PUBLIC SCHOOLS INVITATION TO BID Westerly Public Schools is seeking bids for the following supplies: S150011 Custodial Supplies Specifications and bid documents may be obtained online by visiting www.westerly.k12.ri.us or www.westerly.govoffice.com ; by contacting Carol A. Avery, Accounting Assistant at 401-315-1535; cavery@westerly.k12.ri.us or by visiting the Finance Office, 23 Highland Ave., Westerly, RI on or after April 24, 2015. Sealed bids will be accepted in the Finance Office until 2:00 p.m., Friday, May 15, 2015. Carol A. Avery Accounting Assistant Equal Opportunity/ Affirmative Action Employer
Published: 4/24/2015
CITY OF PAWTUCKET INVITATION TO BID Veteran's Memorial Park Restroom Renovation The City of Pawtucket is seeking sealed bids to provide the above-referenced services. Specifications and details are available on-line at www.pawtucketri.com under Purchasing or on the State of Rhode Island Purchasing web site at http://www.purchasing.ri.gov/rivip/ExternalBidSearch.aspx, Bidding Entity: Pawtucket. David Clemente Purchasing Agent
Published: 4/23/2015