Sec. 5-142. Disability compensation. (a) If any member of the Division of State
Police within the Department of Public Safety or of any correctional institution, or any
institution or facility of the Department of Mental Health and Addiction Services giving
care and treatment to persons afflicted with a mental disorder or disease, or any institution for the care and treatment of persons afflicted with any mental defect, or any full-time enforcement officer of the Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the
duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult
Probation, the Department of Public Works or the Board of Pardons and Paroles, any
probation officer for juveniles or any employee of any juvenile detention home, any
member of the police or fire security force of The University of Connecticut, any member
of the police or fire security force of Bradley International Airport, any member of the
Office of State Capitol Police or any person appointed under section 29-18 as a special
policeman for the State Capitol building and grounds and the Legislative Office Building
and parking garage and related structures and facilities and other areas under the supervision and control of the Joint Committee on Legislative Management, the Chief State's
Attorney, the Chief Public Defender, the Deputy Chief State's Attorney, the Deputy
Chief Public Defender, any state's attorney, any assistant state's attorney or deputy
assistant state's attorney, any public defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286
or any staff member or employee of the Division of Criminal Justice or of the Division
of Public Defender Services, or any Judicial Department employee sustains any injury
(1) while making an arrest or in the actual performance of such police duties or guard
duties or fire duties or inspection duties, or prosecution or public defender or courthouse
duties, or while attending or restraining an inmate of any such institution or as a result
of being assaulted in the performance of such person's duty, or while responding to an
emergency or code at a correctional institution, and (2) that is a direct result of the special
hazards inherent in such duties, the state shall pay all necessary medical and hospital
expenses resulting from such injury. If total incapacity results from such injury, such
person shall be removed from the active payroll the first day of incapacity, exclusive
of the day of injury, and placed on an inactive payroll. Such person shall continue to
receive the full salary that such person was receiving at the time of injury subject to all
salary benefits of active employees, including annual increments, and all salary adjustments, including salary deductions, required in the case of active employees, for a period
of two hundred sixty weeks from the date of the beginning of such incapacity. Thereafter,
such person shall be removed from the payroll and shall receive compensation at the
rate of fifty per cent of the salary that such person was receiving at the expiration of
said two hundred sixty weeks as long as such person remains so disabled, except that
any such person who is a member of the Division of State Police within the Department
of Public Safety shall receive compensation at the rate of sixty-five per cent of such
salary as long as such person remains so disabled. Such benefits shall be payable to a
member of the Division of State Police after two hundred sixty weeks of disability only
if the member elects in writing to receive such benefits in lieu of any benefits payable
to the employee under the state employees retirement system. In the event that such
disabled member of the Division of State Police elects the compensation provided under
this subsection, no benefits shall be payable under chapter 568 or the state employees
retirement system until the former of the employee's death or recovery from such disability. The provisions of section 31-293 shall apply to any such payments, and the state of
Connecticut is authorized to bring an action or join in an action as provided by said
section for reimbursement of moneys paid and which it is obligated to pay under the
terms of this subsection. All other provisions of the workers' compensation law not
inconsistent with this subsection, including the specific indemnities and provisions for
hearing and appeal, shall be available to any such state employee or the dependents of
such a deceased employee. All payments of compensation made to a state employee
under this subsection shall be charged to the appropriation provided for compensation
awards to state employees. On and after October 1, 1991, any full-time officer of the
Department of Environmental Protection, the Department of Motor Vehicles, the Department of Consumer Protection who carries out the duties and responsibilities of sections 30-2 to 30-68m, inclusive, the Office of Adult Probation, the Department of Public
Works or the Board of Pardons and Paroles, any probation officer for juveniles or any
employee of any juvenile detention home, the Chief State's Attorney, the Chief Public
Defender, the Deputy Chief State's Attorney, the Deputy Chief Public Defender, any
state's attorney, assistant state's attorney or deputy assistant state's attorney, any public
defender, assistant public defender or deputy assistant public defender, any chief inspector or inspector appointed under section 51-286 or any staff member or employee of the
Division of Criminal Justice or the Division of Public Defender Services, or any Judicial
Department employee who sustains any injury in the course and scope of such person's
employment shall be paid compensation in accordance with the provisions of section
5-143 and chapter 568, except, if such injury is sustained as a result of being assaulted
in the performance of such person's duty, any such person shall be compensated pursuant
to the provisions of this subsection.
(b) Each state employee who, during the performance of his duties, comes into
contact with persons or animals afflicted with any communicable disease, or who comes
into contact with any culture, collection or concentration of the organisms producing
any communicable disease, or who is regularly exposed to the bacteria, germs, virus or
other organisms, by whatever name called, producing any communicable disease, shall
be given a physical examination semiannually by the state. If any such employee is
found to be infected with any such disease, contracted while in the employ of the state and
during the performance of such employee's duties, the state shall pay for all necessary
medical and hospital expenses resulting from such disease and, if incapacity results,
such employee shall be removed from the payroll the first day of incapacity and shall
receive compensation at the rate of one-half the salary he was receiving at the time of
infection. Such state employee may elect to receive, in addition to the benefits due him
under this subsection, an amount which will result in his receiving his full salary or
wages for the period of any accumulated sick leave, computed on an hourly basis, due
him. Upon the expiration of such period of sick leave, the provisions of this subsection
shall apply. All provisions of the workers' compensation law not inconsistent herewith,
including the specific indemnities and provisions for hearing and appeal, shall be available to any such state employee or the dependents of such a deceased employee. All
payments of compensation made to a state employee under this section shall be made
from the fund designated "Compensation Awards to State Employees". If a state employee has been disabled by tuberculosis at any time prior to his employment by the
state or if on the first physical examination herein provided for he is found to have a
tuberculous lesion, any subsequent disability from tuberculosis within five years of the
commencement of such employment shall be presumed prima facie to be due to his
previous infection and not to have been contracted in the course of such employment,
even if such employment involved exposure to tuberculosis. In such case such state
employee shall be removed from the payroll the first day of incapacity and the state
shall not be liable for the payment of any resulting medical or hospital expenses or for
the payment of compensation for loss of earnings of such disabled state employee.
(c) If a member of the Division of State Police within the Department of Public
Safety who is not subject to the federal Insurance Contributions Act for such employment
becomes or became disabled on or after July 1, 1979, and (1) the disability is not compensable under the terms of subsection (a) of this section and he elects or elected to receive
disability retirement benefits under the provisions of section 5-169 or section 5-192p,
or (2) he elects or elected to receive such disability retirement benefits in lieu of benefits
otherwise available under subsection (a) of this section, the member shall be eligible to
receive benefits under the provisions of subsection (d) of this section. Notwithstanding
any other provision of the general statutes, the benefits granted under subsection (d) shall
be deemed to be federal Social Security disability benefits for purposes of calculating
the maximum benefits available under the provisions of section 5-169 or 5-192p. Any
disability Social Security benefits payable to or on behalf of such member shall also be
recognized for purposes of calculating such maximum benefits. For the purposes of this
subsection "disability" means any medically determinable injury or physical or mental
impairment which permanently prevents the discharge of normal police functions by
any member of the Division of State Police, provided the Commissioner of Public Safety
cannot find a suitable position within the agency for such member. The determination
as to whether a member is so disabled shall be made by the board of physicians established under section 5-169. Notwithstanding any provisions to the contrary in section
5-169, the maximum benefit limitation as set forth in subdivisions (1) and (2) of subsection (g) of section 5-169 shall apply to any member receiving the new benefits provided
by subsection (d) of this section.
(d) Commencing on May 8, 1984, or the date of disability, if later, each such disabled
member of the Division of State Police within the Department of Public Safety shall
receive a monthly allowance payable by the state employees retirement system, so long
as the member remains so disabled, as follows: (1) To a disabled member, a monthly
allowance of three hundred dollars for his lifetime; (2) if such disabled member is married, an additional monthly allowance of two hundred fifty dollars payable to the member
and payable for the member's lifetime or until the spouse's divorce from the member;
(3) if there are less than three dependent children, a monthly allowance of two hundred
fifty dollars payable to the member for each child until each such child reaches the age
of eighteen or until the child's marriage if such occurs earlier; (4) if there are three or
more dependent children, a monthly allowance of five hundred and seventy-five dollars
payable to the member but deemed to be divided equally among them. As each such
dependent child reaches the age of eighteen years, or marries, if such occurs earlier, the
child's share shall be deemed divided equally among the remaining surviving children,
provided each child's share shall not exceed two hundred fifty dollars; when the shares
payable on behalf of all but one of such dependent children have ceased, the disability
benefit payable on behalf of the remaining child shall be two hundred fifty dollars. These
benefits shall be integrated with the benefits of section 5-169 or 5-192p as if they were
federal Social Security disability benefits in order to determine the maximum benefits
payable to such disabled member. These benefits shall be subject to increases as provided
in subsection (e). All benefits provided under this subsection shall be discontinued at
the earlier of the member's recovery from disability or the member's death. If a disabled
member dies, the survivor benefits provided under sections 5-146 to 5-150, inclusive,
shall be payable.
(e) On January 1, 1985, and annually thereafter, up to and including January 1,
1988, the benefits then being provided under subsection (d) of this section to a disabled
member of the Division of State Police within the Department of Public Safety shall be
increased by three per cent. Such increase shall not affect the initial level of benefits
payable to a member who qualifies for such disability benefits under subsection (d) after
the date of any increase under this subsection. Such benefits shall be deemed to be the
cost-of-living provision of the federal Social Security disability law for purposes of
calculating the maximum benefits available under the provisions of section 5-169 or
5-192p.
(1949 Rev., S. 419; 1949, 1951, 1953, 1955, S. 183d; 1949, 1953, S. 2131d; 1957, P.A. 251; March, 1958, P.A. 27, S.
35; 1959, P.A. 331; 1963, P.A. 298; February, 1965, P.A. 151; 1969, P.A. 175, S. 1; 730, S. 14; P.A. 73-122, S. 13, 27;
73-402; P.A. 76-111, S. 5; 76-436, S. 399, 681; P.A. 77-614, S. 69, 70, 165, 486, 610; P.A. 78-138, S. 1-3; 78-162, S. 1-
3; P.A. 79-376, S. 3; P.A. 80-34, S. 1, 2; 80-482, S. 4, 6, 170, 191, 345, 348; P.A. 83-13, S. 5; P.A. 84-48, S. 13, 17; P.A.
85-510, S. 2, 35; P.A. 87-496, S. 43, 110; P.A. 89-82, S. 7, 11; P.A. 91-339, S. 40; P.A. 95-195, S. 5, 83; 95-257, S. 11,
58; P.A. 96-219, S. 6; P.A. 01-208, S. 1, 3; P.A. 03-19, S. 10; June 30 Sp. Sess. P.A. 03-6, S. 146 (d); P.A. 04-169, S. 17;
04-189, S. 1; 04-234, S. 2.)
History: 1959 act included employees at facilities of the mental health department; 1963 act amended Subsec. (b) to
allow election to receive payments based on accumulated sick leave; 1965 act amended Subsec. (a) to specify members
of both police and fire security force of university are included; 1969 acts substituted department of finance and control
for state welfare department in Subsec. (a); P.A. 73-122 substituted department of environmental protection for state board
of fisheries and game and division of criminal justice for any state's attorney's office and included the chief state's attorney,
deputy chief state's attorney and prosecuting attorneys under provisions of section; P.A. 73-402 included members of
Bradley airport police or fire security forces under provisions of section; P.A. 76-111 replaced "detective" with "chief
inspector or inspector"; P.A. 76-436 deleted references to juvenile court and replaced reference to prosecuting attorneys with
"assistant state's attorney or deputy assistant state's attorney", effective July 1, 1978; P.A. 77-614 substituted department of
administrative services for department of finance and control and, effective January 1, 1979, substituted division of liquor
control within the department of business regulation for liquor control commission and division of state police within the
department of public safety for state police department; P.A. 78-138 replaced adult probation commission with office of
adult probation and included chief, deputy chief, assistant, deputy assistant and other public defenders and employees of
the division of public defender services under provisions of section; P.A. 78-162 included judicial department employees
and courthouse duties under provisions of section; P.A. 79-376 substituted "workers' compensation" for "workmen's
compensation"; P.A. 80-34 included members of the office of capitol security and special policemen for capitol building
and grounds under provisions of section; P.A. 80-482 deleted reference to department of business regulation and gave
division of liquor control departmental status; P.A. 83-13 amended Subsec. (a) by changing "capitol security" to "state
capitol security"; P.A. 84-48 included reference to special policemen for other areas under the supervision and control of
the joint committee on legislative management; P.A. 85-510 made technical changes in Subsec. (a) and added provisions
re disability compensation for members of the division of state police within the department of public safety and added
Subsecs. (c) to (e), inclusive, re disability compensation for such members; P.A. 87-496 amended Subsec. (a) to substitute
public works commissioner for administrative services commissioner; P.A. 89-82 expanded reference in Subsec. (a) to
state capitol building and grounds to include legislative office building and parking garage and related structures and
facilities and other areas under the supervision and control of the joint committee on legislative management; P.A. 91-339
amended Subsec. (a) by adding requirement that the injury is a direct result of the special hazards inherent in the employee's
duties and provisions re compensation for certain injured state employees on and after October 1, 1991, and by deleting
provisions re reimbursement for damaged personal property; P.A. 95-195 amended Subsec. (a) to replace member of the
Department of Liquor Control with member of the Department of Consumer Protection who carries out the duties of Secs.
30-2 to 30-68m, inclusive, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Mental Health
with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-219 amended
Subsec. (a) by changing the name of the "Office of State Capitol Security" to the "Office of State Capitol Police"; P.A.
01-208 amended Subsec. (a) by adding "or while responding to an emergency or code at a correctional institution" in
Subdiv. (1) and making technical changes for the purposes of gender neutrality; P.A. 03-19 made technical changes in
Subsec. (a), effective May 12, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec.
146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection,
effective June 1, 2004; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles in Subsec. (a), effective
July 1, 2004.
See Sec. 5-161(f) re retirement contributions and credit for those receiving disability compensation.
See Sec. 29-4a re disability of member of Division of State Police resulting from hypertension or heart disease.
Reactivation of tuberculosis constituted contraction of disease within meaning of statute. 138 C. 620. Cited. 175 C.
424, 428. Cited. 220 C. 721, 728. Cited. 221 C. 41, 45.
Cited. 16 CA 65, 68, 70.
Subsec. (a):
Special benefits conferred by this section not an obstacle to greater recovery under Sec. 31-307. 220 C. 721-730.
Recovery of either salary benefits under this section or workers' compensation benefits including right to receive concurrent
employment benefits under Sec. 31-310 discussed. Id., 739-742, 745-749. Cited. 221 C. 41-46.
Only required that claimant be in actual performance of police or guard duties, not proof that duties were themselves
hazardous. 16 CA 65-68, 70. "Salary" limited to base salary excluding previously paid overtime, shift differential or
maintenance allowance. 29 CA 559-565. Workers' compensation review board properly reversed decision of workers'
compensation commissioner in determining that correction officer was neither restraining an inmate nor injured by a special
hazard inherent in his guard duties when inmate stepped out of shower, slipped on floor, and grabbed the officer to break
his fall. 67 CA 330.
Subsec. (b):
Cited. 221 C. 29, 38.
Sec. 5-142a. Injury or death of sheriff. Any high sheriff, chief deputy sheriff,
deputy sheriff or special deputy sheriff who suffers death, disability or injury, while in
performance of any duty for which he is compensated by the state, shall, for the purposes
of section 5-142 and chapter 568, be presumed to be an employee of the state and shall
be compensated by the state in accordance with said section and chapter.
(1967, P.A. 660.)
Cited. 175 C. 424, 428. Cited. 221 C. 41, 45.
Sec. 5-143. Applicability of Workers' Compensation Act. Additional sick
leave compensation. Each state employee who sustains an injury arising out of and
in the course of his employment, except as provided in section 5-142, shall be paid
compensation in accordance with the provisions of the Workers' Compensation Act.
The injured state employee may elect to receive, in addition to the benefits due him as
workers' compensation, an amount which will result in his receiving his full salary or
wages for the period of any accumulated sick leave, computed on an hourly basis, due
him. Upon expiration of such period of sick leave the provisions of the Workers' Compensation Act shall apply.
(1949 Rev., S. 420; 1951, S. 185d; 1961, P.A. 243, S. 1; P.A. 79-376, S. 4; P.A. 91-339, S. 41.)
History: 1961 act added provisions re payment of accumulated sick leave; P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 91-339 deleted provision that employee incapacitated by injury shall receive
his full salary or wages for the first seven days of the incapacity.
See chapter 67 (Sec. 5-193 et seq.) for State Personnel Act.
Cited. 175 C. 424, 428, 435. Cited. 185 C. 616, 620. Cited. 220 C. 721, 727-729.
Sec. 5-144. Death benefits for state employees, state officers and members
of General Assembly. If any state employee, state officer or member of the General
Assembly serving with compensation or remuneration sustains an injury while acting
within the scope of his employment, which injury is not the result of his own wilful or
wanton act, and dies as a result of such injury, and a spouse and a dependent child or
children under eighteen years of age survive him, the Comptroller, upon the recommendation of the appointing authority, and with the approval of the Attorney General, shall
draw his order on the Treasurer for the sum of one hundred thousand dollars, payable
in equal monthly installments over a period of not less than ten years to such employee's
or officer's or member's spouse, provided any such payments shall terminate on the
death or remarriage of such spouse within said ten-year period, and the Comptroller,
upon the recommendation of the appointing authority and with the approval of the Attorney General, shall also draw an order on the Treasurer for monthly payments of fifty
dollars for each dependent child under eighteen years of age, payable to such spouse or
the guardian of such child or children until such child or children reach eighteen years
of age. If such employee or officer or member leaves a spouse and no child or children
under eighteen years of age, the Comptroller, upon the recommendation of the appointing authority and with the approval of the Attorney General, shall draw an order on the
Treasurer for the sum of fifty thousand dollars payable in equal monthly installments
over a period of not less than ten years, to such spouse, provided any such payments
shall terminate on the death or remarriage of such spouse within such ten-year period.
If such employee or officer or member leaves no spouse and no child or children under
eighteen years of age but leaves a parent or parents dependent upon him, the Comptroller,
upon recommendation of the appointing authority and with the approval of the Attorney
General, shall draw an order on the Treasurer for the sum of fifty thousand dollars,
payable to such employee's or officer's or member's parent or parents in equal monthly
installments over a period of not less than ten years, provided, on the death of one such
parent, the surviving parent shall continue to receive the entire monthly payments under
the provisions of this section and provided such payments shall cease on the death of
both such parents during such ten-year period. As used in this section and section 5-145, the appointing authority for members of the General Assembly shall be the president
pro tempore of the Senate and the speaker of the House of Representatives. The appointing authority for state officers shall be the Governor.
(1949 Rev., S. 421; 1953, 1955, S. 186d; November, 1955, S. N5; 1957, P.A., 122; February, 1965, P.A. 466; P.A. 98-263, S. 8, 21; June Sp. Sess. P.A. 99-2, S. 7, 72.)
History: 1965 act deleted requirement that parents be "solely" dependent on employees in order to be eligible to receive
benefits; P.A. 98-263 expanded persons eligible for benefits to include survivors of state officers or members of the General
Assembly, designated appointing authority for such officers or members and increased benefits payable to surviving spouse,
dependent children and dependent parents over ten-year rather than five-year period, effective July 1, 1998, and applicable
to any death occurring on or after January 1, 1998; June Sp. Sess. P.A. 99-2 added coverage for specified victims of
homicide employed by a nonprofit organization contracting with the state and made technical changes, effective October
1, 1999, until October 1, 2000.
See Sec. 5-149 re cases where death benefits are not payable.
Covers injury involving heart attack only (a) when it occurs within period of employment and (b) when in some way
it is causally connected to performance of duties of employment. 175 C. 424-435.
Sec. 5-145. Notice of injury or death of state employee, state officer or member
of General Assembly. Each appointing authority shall notify the Commissioner of
Administrative Services, who shall notify the Attorney General, of the injury, or death
resulting from an injury, of any employee, state officer or member of the General Assembly serving with compensation or remuneration, which injury was incurred in the performance of his duties.
(1949 Rev., S. 360; P.A. 77-614, S. 66, 610; P.A. 98-263, S. 9, 21.)
History: P.A. 77-614 replaced personnel commissioner with commissioner of administrative services; P.A. 98-263
expanded notification responsibilities of appointing authority to include injury or death of state officers or members of the
General Assembly, effective July 1, 1998, and applicable to any death occurring on or after January 1, 1998.
Cited. 175 C. 424, 428-430.
Sec. 5-145a. Hypertension or heart disease in certain university, aeronautics,
State Capitol police, correction, mental health, criminal justice or hazardous duty
personnel. Any condition of impairment of health caused by hypertension or heart
disease resulting in total or partial disability or death to a member of the security force
or fire department of The University of Connecticut or the aeronautics operations of the
Department of Transportation, or to a member of the Office of State Capitol Police or
any person appointed under section 29-18 as a special policeman for the State Capitol
building and grounds, the Legislative Office Building and parking garage and related
structures and facilities, and other areas under the supervision and control of the Joint
Committee on Legislative Management, or to state personnel engaged in guard or instructional duties in the Connecticut Correctional Institution, Somers, Connecticut Correctional Institution, Enfield-Medium, the Carl Robinson Correctional Institution, Enfield, John R. Manson Youth Institution, Cheshire, the Connecticut Correctional
Institution, Niantic, the Connecticut Correctional Center, Cheshire, or the community
correctional centers, or to any employee of the Whiting Forensic Division with direct
and substantial patient contact, or to any detective, chief inspector or inspector in the
Division of Criminal Justice or chief detective, or to any state employee designated as
a hazardous duty employee pursuant to an applicable collective bargaining agreement
who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been
suffered in the performance of his duty and shall be compensable in accordance with
the provisions of chapter 568, except that for the first three months of compensability
the employee shall continue to receive the full salary which he was receiving at the time
of injury in the manner provided by the provisions of section 5-142. Any such employee
who began such service prior to June 28, 1985, and was not covered by the provisions
of this section prior to said date shall not be required, for purposes of this section, to
show proof that he successfully passed a physical examination on entry into such service.
(1963, P.A. 563; February, 1965, P.A. 189, S. 1; 1967, P.A. 803; 1969, P.A. 798; 1972, P.A. 71, S. 6; P.A. 77-614, S.
556, 610; P.A. 80-75, S. 1, 2; P.A. 83-13, S. 6; P.A. 84-48, S. 14, 17; P.A. 85-510, S. 14, 35; P.A. 86-186, S. 2; P.A. 87-282, S. 2; P.A. 89-82, S. 8, 11; P.A. 95-257, S. 20, 58; P.A. 96-219, S. 7.)
History: 1965 act added State Prison guards; 1967 act included Connecticut Reformatory guards; 1969 act included
members of the aeronautics department and replaced "State Prison and Connecticut Reformatory" with references to
Connecticut Correctional Institutions at Osborn and Cheshire and community correctional centers; 1972 act deleted reference to correctional institution at Osborn and included correctional institutions at Somers and Enfield; P.A. 77-614 deleted
reference to separate aeronautics department, replacing it with reference to aeronautics operations of transportation department, effective January 1, 1979; P.A. 80-75 included members of office of capitol security and special policemen for
capitol building and grounds; P.A. 83-13 changed reference to "capitol security" to "state capitol security"; P.A. 84-48
included reference to special policemen for other areas under the supervision and control of the joint committee on legislative
management; P.A. 85-510 added personnel engaged in "instructional" duties in correctional facilities; added the Connecticut Correctional Institution, Niantic to such facilities; added employees of the Whiting Forensic Institute with direct and
substantial patient contact, or any detective, chief inspector or inspector in the division of criminal justice or chief detective,
or any state employee designated as a hazardous duty employee pursuant to a collective bargaining agreement; deleted
provision that nothing herein shall be construed to affect the application of chapter 568 and substituted provision that
disability or death shall be compensable in accordance with chapter 568, except that for the first three months of compensability the employee shall continue to receive the full salary he was receiving at the time of injury in the manner provided
by Sec. 5-142 and added provision that any employee who began such service prior to June 28, 1985, and was not covered
by this section prior to such date shall not be required to show proof that he passed a physical examination on entry
into such service; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Enfield to the Connecticut
Correctional Institution, Enfield-Medium, added the Connecticut Correctional Institution, Enfield-Minimum and the Connecticut Correctional Center, Cheshire and changed the name of the Connecticut Correctional Institution, Cheshire to the
John R. Manson Youth Institution, Cheshire; P.A. 87-282 changed the name of the Connecticut Correctional Institution,
Enfield-Minimum to the Carl Robinson Correctional Institution, Enfield; P.A. 89-82 expanded reference to state capitol
building and grounds to include legislative office building and parking garage and related structures and facilities; P.A.
95-257 replaced "Whiting Forensic Institute" with "Whiting Forensic Division", effective July 1, 1995; P.A. 96-219
changed the name of the "Office of State Capitol Security" to the "Office of State Capitol Police".
See Sec. 29-4a re death or disability of member of Division of State Police resulting from heart disease or hypertension.
Cited. 170 C. 410, 414, 415. Cited. 175 C. 424, 427, 428, 430, 431, 435. Section provides rebuttable presumption of
compensability, but does not, without further evidence, include heart disease or hypertension as an occupational disease
pursuant to workers compensation law. 266 C. 728.
Cited. 37 CA 835, 843. State police trooper employed by Department of Public Safety does not have an election of
remedies as between Secs. 5-145a and 29-4a; rather, trooper must proceed under Sec. 29-4a. 70 CA 321. Burden is on
employer to demonstrate that plaintiff's condition or disease was caused by factors outside plaintiff's employment. Id.
Presumption of hypertension lies only where preemployment, physical examination fails to reveal any evidence of
hypertension or heart disease. 31 CS 75.
Sec. 5-145b. Hypertension or heart disease in motor vehicle inspectors. Any
condition of impairment of health caused by hypertension or heart disease resulting in
total or partial disability or death to an inspector of vehicles for the Department of Motor
Vehicles who successfully passed a physical examination on entry into such service,
which examination failed to reveal any evidence of such condition, shall be presumed
to have been suffered in the performance of his duty. Nothing herein shall be construed
to affect the provisions of chapter 568.
(1967, P.A. 899, S. 2.)
History: (Revisor's note: In 1997 references throughout the general statutes to "Motor Vehicle(s) Commissioner" and
"Motor Vehicle(s) Department" were replaced editorially by the Revisors with "Commissioner of Motor Vehicles" or
"Department of Motor Vehicles", as the case may be, for consistency with customary statutory usage).
Cited. 175 C. 424, 428, 430, 431, 435.
Sec. 5-145c. Hypertension or heart disease in chief inspectors or inspectors in
the Division of Criminal Justice. Any condition of impairment of health caused by
hypertension or heart disease resulting in total or partial disability or death to any chief
inspector or inspector in the Division of Criminal Justice who had successfully passed
a physical examination on entry into prior service in any state or municipal police department, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the performance of his duty as a chief inspector or
inspector in the Division of Criminal Justice. Nothing herein shall be construed to affect
the application of chapter 568 to such person.
(P.A. 73-275; P.A. 76-111, S. 6; P.A. 78-280, S. 11, 127.)
History: P.A. 76-111 and P.A. 78-280 replaced references to county detectives with "chief inspector or inspector" in
the division of criminal justice.
Cited. 175 C. 424, 428, 430, 431, 435. Section provides rebuttable presumption of compensability, but does not, without
further evidence, include heart disease or hypertension as an occupational disease pursuant to workers compensation law.
266 C. 728.
Sec. 5-146. Allowances for survivors of members of State Police Division
within Department of Public Safety. Cost-of-living allowance. Effect of collective
bargaining agreements. Valuation of fund by Retirement Commission. (a) If any
member of the Division of State Police within the Department of Public Safety in employment on June 21, 1961, who has elected survivors' benefits, or any state police
officer who commenced employment subsequent to June 21, 1961, and who in either
event was not subject to the federal Insurance Contributions Act for such employment,
dies from any cause before retirement from state service, leaving a surviving spouse
or dependent unmarried children under the age of eighteen years, there shall be paid
survivors' allowances from the State Employees Retirement Fund on and after July 1,
1982, on the following basis: (1) To the surviving spouse, a monthly allowance of five
hundred fifty dollars commencing immediately upon the death of such member of the
Division of State Police within the Department of Public Safety payable for the surviving
spouse's lifetime or until subsequent remarriage; (2) if there are less than three surviving
dependent children, a monthly allowance of two hundred fifty dollars per child payable
to the surviving spouse or other guardian until each child reaches the age of eighteen
or until the child's marriage if such occurs earlier; (3) if there are three or more surviving
dependent children, a monthly allowance of five hundred seventy-five dollars to be
divided equally among all the dependent children; as each such dependent child reaches
the age of eighteen years, or marries, if such occurs earlier, that child's share shall be
deemed divided equally among the remaining surviving children, provided each child's
share shall not exceed two hundred fifty dollars; when the shares of all but one of such
surviving children have ceased, the pension to the remaining surviving child shall be
two hundred fifty dollars.
(b) On July 1, 2001, and on July first of each subsequent year, any person who is
eligible for the survivors' allowance under subsection (a) of this section shall be entitled,
in addition to such survivors' allowance, to an annual cost-of-living allowance which
reflects the increase, if any, in the national consumer price index for urban wage earners
and clerical workers for the previous twelve-month period, provided such cost-of-living
allowance shall not exceed three per cent. Such cost-of-living allowance shall be computed on the basis of the combined survivors' allowance and cost-of-living allowances,
if any, to which such person was entitled as of the June thirtieth immediately preceding.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, survivors' allowances may be paid from the State Employees Retirement Fund in such
amounts and commencing on such dates as may conform to the terms of any prevailing
collective bargaining agreement effective on or after July 1, 1979, between the state
and the employees' representative for state police officers. If survivors' allowances
are paid in conformance with any such agreement, each person eligible for survivors'
benefits under the terms of this section shall be paid such allowances.
(d) The Retirement Commission shall, at least once every two years, prepare a valuation of the assets and liabilities of the fund with respect to the system of benefits provided
by this section and sections 5-147 to 5-151, inclusive. Such valuation shall be prepared
for the purpose of determining the cost of funding such system and the cost of funding
such system on an actuarial reserve basis.
(1961, P.A. 537, S. 1; 1967, P.A. 532, S. 1; 643; 1972, P.A. 142, S. 1; P.A. 74-156, S. 1, 2; P.A. 78-361, S. 1, 2; P.A.
80-1, S. 1, 2; P.A. 82-273; P.A. 84-411, S. 1, 8; P.A. 85-510, S. 3, 35; P.A. 00-224.)
History: 1967 acts changed monthly allowance for widows from one hundred to one hundred and fifty dollars and
allowed payments to widows to resume upon their reaching age fifty-five only if they have not remarried, previous language
implied that payments resumed at that age regardless of remarriage; 1972 act increased monthly allowance for widows to
one hundred and seventy-five dollars and raised allowance for two or more dependent children from one hundred and
fifty to one hundred and seventy-five dollars; P.A. 74-156 replaced "policeman" with "police officer" and "widow" with
"spouse", eliminated distinction between surviving spouse with children and one without and extended changed provisions
to those receiving allowances under prior provisions; P.A. 78-361 increased allowance for surviving spouse to two hundred
and seventy-five dollars, changed lettered subdivisions to numbered ones and made new provisions effective with regard
to those receiving allowances under prior provisions; P.A. 80-1 added Subsecs. (b) and (c); P.A. 82-273 amended Subsec.
(b) to provide that changes in survivors' allowances effected by collective bargaining agreements shall apply to all persons
eligible for benefits under section; P.A. 84-411 amended Subsec. (a) to increase monthly allowance payable to surviving
spouse from two hundred seventy-five dollars to three hundred twenty-five dollars; P.A. 85-510 amended Subsec. (a) by
(1) replacing "state police officer" with "member of the division of state police within the department of public safety"
who was not subject to the Federal Insurance Contributions Act, (2) increasing survivors' allowances for a surviving spouse
and surviving dependent children, on and after July 1, 1982, (3) deleting provision re allowance for a surviving spouse of
a state police officer who died prior to July 1, 1977, and (4) making technical changes; P.A. 00-224 inserted new Subsec.
(b) to provide cost-of-living allowance and relettered former Subsecs. (b) and (c) as (c) and (d).
Cited. 175 C. 424, 429.
Sec. 5-147. Payment of allowances of children. The allowances for surviving
dependent children shall be payable to the surviving widow or to the legal guardian, as
the case may be.
(1961, P.A. 537, S. 2.)
Sec. 5-148. Contributions. Section 5-148 is repealed.
(1961, P.A. 537, S. 3; 1963, P.A. 484; 1967, P.A. 405; 532, S. 2; 1972, P.A. 142, S. 2; P.A. 85-510, S. 34, 35.)
Sec. 5-149. State employee death benefits not payable, when. If the death of a
member of the Division of the State Police within the Department of Public Safety
occurred prior to July 1, 1982, the benefits otherwise payable under section 5-144 shall
not be paid if survivor benefits are payable under section 5-146. If the death occurs on
or after July 1, 1982, the benefits under section 5-144 and section 5-146 shall both be
payable if the applicable requirements of each section are satisfied.
(1961, P.A. 537, S. 4; P.A. 77-614, S. 486, 610; P.A. 85-510, S. 4, 35.)
History: P.A. 77-614 substituted division of state police within the department of public safety for state police department, effective January 1, 1979; P.A. 85-510 entirely replaced prior provisions stating that benefits payable under Sec. 5-144 shall not be payable in the case of the death of any uniformed member of the division of state police who leaves
survivors entitled to benefits under Secs. 5-146 to 5-151, inclusive, and substituted provisions re benefits payable with
respect to members dying prior to July 1, 1982, and members dying on or after July 1, 1982.
Sec. 5-150. Survivorship benefits for beneficiaries of members of State Police
Division within Department of Public Safety. The survivorship benefits of sections
5-146 to 5-151, inclusive, shall continue to apply to the beneficiaries of a member of
the Division of State Police within the Department of Public Safety who retired prior
to July 1, 1982, provided such beneficiaries would have been entitled to such benefits
had the retired member died on June 30, 1982. If such member retires on or after July
1, 1982, the survivorship benefits of section 5-146 to 5-151, inclusive, shall continue
to apply to the beneficiaries of a member of the Division of State Police within the
Department of Public Safety, provided the member was not subject to the federal Insurance Contributions Act for such employment. No further contribution shall be required
to provide such coverage. No spouse's benefits shall be payable unless the retired member was married to that spouse for at least one year prior to the member's death.
(1961, P.A. 537, S. 5; 1963, P.A. 299; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 85-510, S. 5, 35.)
History: 1963 act allowed participation of former department members retired from any state service; P.A. 77-614 and
P.A. 78-303 made the state police a division within the department of public safety rather than an independent department,
effective January 1, 1979; P.A. 85-510 entirely replaced prior provisions stating that survivorship benefits of Secs. 5-146
to 5-151, inclusive, shall apply to beneficiaries of any uniformed member of the division of state police who has elected
survivors' benefits and who retires on or after June 21, 1961, without further contributions and that any member or former
member retired with twenty-five years of state police service prior to said date may elect to accept survivorship benefits
by contributing one per cent of his monthly retirement allowance, not to exceed forty-eight dollars annually; and substituted
provisions re benefits payable with respect to a member who retired prior to July 1, 1982, and a member who retired on
or after July 1, 1982, and required that no spouse's benefits shall be payable unless the retired member was married to that
spouse for at least one year prior to the member's death.
Sec. 5-151. Benefits for survivors of previously deceased police. Any widow
other than one who has received benefits under the provisions of section 5-144, and a
dependent child or children of any state policeman or of a retired state policeman who
would have been eligible for benefits under sections 5-146 to 5-151, inclusive, had said
sections been in effect on June 1, 1944, or at any time subsequent thereto shall be entitled
to such benefits on and after July 1, 1985, provided such eligibility still exists. The
survivors' benefits paid in accordance with this section shall be certified by the Retirement Commission to the Comptroller, who shall draw his order on the Treasurer for
payment of such allowances.
(1961, P.A. 537, S. 6; P.A. 85-511, S. 1, 3.)
History: P.A. 85-511 changed the date of retroactive applicability of Secs. 5-146 to 5-151, inclusive, from July 1, 1945,
to June 1, 1944, for widows and dependents.