Sec. 5-158f. Election by new employees. Special option to nonmembers. Retirement system provisions not applicable to employees in federally funded positions. Each new state employee who may be entitled to become eligible for membership
in the state employees retirement system, part B, shall, at the time of commencement
of his employment, elect (a) to become a member, when eligible, of the state employees
retirement system, part B, integrated with Social Security, in which event he shall make
all the payments required of such a part B employee and receive all the benefits of such
a part B employee; or (b) to become a member, when eligible, of the state employees
retirement system, part A, plus Social Security coverage, in which event he shall make
all the payments required for Social Security and of such a part A employee and receive
all the benefits of such part A and Social Security. Any such employee, who fails to
make an election within six months after employment, shall be deemed to have elected
to become a member of the state employees retirement system part B, pursuant to subdivision (a) of this section, unless such employee qualifies for, and has elected to become
a member of, either the Teachers' Retirement Association in accordance with the provisions of subsection (g) of section 5-160 or an alternate retirement program as authorized
by subsections (u) and (v) of section 5-154, section 5-156, this section and subsection
(g) of section 5-160. No such election shall be changed after six months' employment
except as provided in section 5-158b or 5-158c. Each employee not presently a member
of the state employees retirement system shall have an opportunity to elect or reject
membership in the period between October 1, 1973, and December 31, 1973, in accordance with rules to be prescribed by the State Employees Retirement Commission. The
requirements of this section shall not apply to state employees in positions funded in
whole or in part by the federal government as part of any public service employment
program, on-the-job training program or work experience program.
(1967, P.A. 637, S. 7; 1971, P.A. 180, S. 1; P.A. 73-624; P.A. 75-636, S. 4; P.A. 77-390, S. 2, 8; P.A. 78-277, S. 1, 6;
P.A. 85-613, S. 85, 154.)
History: 1971 act provided that employees who fail to elect a particular plan within six months of employment become
members of Part B unless they become members of teachers' retirement association and that changes in plan not take place
after six months except as provided in Sec. 5-158b or 5-158c; P.A. 73-624 allowed employees not then members to elect
or reject membership between October 1 and December 31, 1973; P.A. 75-636 included reference to alternate retirement
program for higher education personnel; P.A. 77-390 made technical correction; P.A. 78-277 excluded employees in
positions partly or wholly funded by federal government in employment, job-training or work-experience programs; P.A.
85-613 made technical changes, deleting reference to Sec. 10-324(e).
Sec. 5-158g. Effect on options. Each state employee who elects, under the provisions of sections 5-158a to 5-158f, inclusive, to contribute to both Social Security and
full part A of the state employees retirement system and who has, in effect, an option
providing for his spouse, under the State Employees Retirement Act, shall be allowed,
upon written application to the Retirement Commission, prior to January 1, 1970, to
cancel or reduce or retain such option and such option, if cancelled, shall be of no force
or effect or shall have such effect as the reduced option provides. Upon the retirement
of a member who has cancelled or reduced such option under the provisions of this
section, his retirement salary shall be reduced by such amount or amounts, if any, as
the Retirement Commission shall determine as the actuarial equivalent of the value of
the protection for the amount of the retirement salary which would have been payable
to the spouse if the member had died between (1) the first date on which the spouse
would have been entitled to a retirement salary if the member had died on such date and
(2) the date of cancellation, or to the value of the excess of such protection over that
under the reduced option, as the case may be.
(1967, P.A. 637, S. 8; 1969, P.A. 542.)
History: 1969 act imposed January 1, 1970, deadline for cancelling or reducing spouse payment option and provided
means to calculate reduction of retirement salary necessitated by cancelling or reducing the option.
Sec. 5-158h. Transfers between parts A and B. (a) Notwithstanding any provisions of part III of this chapter to the contrary, each state employee or member who is
covered under the state employees retirement system and also under Social Security
shall have the right to determine whether to be retroactively covered under the full part
A provision commonly referred to as "Plan C" or under the part B provision until the
first of the month following three months after June 28, 1985. After such date, no employee may transfer between part A and part B. If a member terminates and is reemployed
after such date, such member shall automatically be covered under whichever part he
was covered at the time of the prior termination.
(b) If a member covered under part B elects to transfer to full part A prior to such
date, the member shall notify the Retirement Commission no later than the first of the
month following three months after June 28, 1985, on the form provided by it and shall
pay in a lump sum the extra contributions that would have been payable, without interest,
had such part A election been made as of his date of entry into the system. If such
employee is financially unable to make such lump sum payment, the employee and the
Retirement Commission may enter into a contract for payment of such amount in not
more than one hundred thirty-one equal biweekly installments. Such installments shall
include interest at five per cent a year, and the transfer to part A shall not be effective
until all such installments have been paid. If a member severs employment for any reason
before all such installments are paid, the balance outstanding shall be payable in a lump
sum within ninety days or a longer period if approved by the Retirement Commission.
If such amount is not paid, the member shall be entitled to the refund of prior installments,
but without any additional interest.
(c) If a member covered under full part A provisions elects to transfer to part B
prior to such date, the member shall notify the Retirement Commission no later than
the first of the month following three months after June 28, 1985, on the form provided
by it. Such member shall receive as a refund from the retirement fund, the contributions
that had been paid by him, including any interest paid by such member, but excluding
any other interest adjustment, beyond those that would have been payable had such part
B election been made as of his date of entry into the system or January 1, 1956, whichever
is later.
(d) If a member does not wish to change his coverage, no action on his part shall
be required.
(P.A. 83-533, S. 6, 54; P.A. 85-510, S. 19, 35.)
History: P.A. 85-510 amended Subsec. (a) to extend deadline for determination re coverage under part A or part B from
January 2, 1984, to the first of the month following three months after June 28, 1985, and amended Subsecs. (b) and (c)
to extend deadline for notification of retirement commission from January 1, 1984, to the first of the month following three
months after June 28, 1985.
See Sec. 5-158e re transfers from part A to part B.
Sec. 5-159. Social Security contributions. The Comptroller shall deduct from the
salary of each state employee who is covered under Social Security, and the state shall
contribute, the amount required of each under the federal Insurance Contributions Act.
The Comptroller shall verify them in accordance with applicable federal regulations
and shall forward such contributions to a financial institution qualified as a depositary
for federal taxes or to the federal reserve bank.
(1957, P.A. 595, S. 4; September, 1957, P.A. 9, S. 4; March, 1958, P.A. 23, S. 1; 1958 Rev., S. 5-97; 1961, P.A. 234,
S. 8; P.A. 89-215, S. 2, 3.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; P.A. 89-215
made technical changes re handling of Social Security contributions and clarified that comptroller, rather than retirement
commission, verifies contributions and forwards them to a qualified financial institution or to the federal reserve bank,
rather than to the Secretary of the Treasury.
Sec. 5-159a. Social Security Agreement retroactive. The Social Security
Agreement as defined in section 5-154 shall be made retroactive to the extent permitted
by the Social Security Act as defined in said section, but not prior to January 1, 1956.
The state shall pay for its share of the retroactive Social Security contributions required
therefor. Each employee shall be liable for his own share of the retroactive contributions.
The share of each member shall be paid from his retirement account. Amounts paid on
behalf of a member from his account for retroactive contributions shall be excluded in
determining any amounts which may be refundable to such member, or to his beneficiary, in the event of his withdrawal from state service or death.
(1967, P.A. 504.)
Sec. 5-159b. Election of refunds by state employees in federally funded jobs.
State employees in positions funded in whole or in part by the federal government as
part of any public service employment program, on-the-job training program or work
experience program may elect to receive a refund of their accumulated retirement contributions without interest.
(P.A. 78-277, S. 5, 6.)
PART III*
BASIC RETIREMENT PLAN
*See Sec. 5-259 re hospitalization and medical and surgical insurance.
Sec. 5-160. Eligibility. (a) Each state employee appointed to the classified service
shall become a member on the first day of the pay period following the date he receives
a permanent appointment in the classified service except that membership shall not
be required of such employees in positions funded in whole or in part by the federal
government as part of any public service employment program, on-the-job training
program or work experience program.
(b) Each officer elected by the people and each appointee of such officer exempt
from the classified service may elect to become a member, effective on the first day of
the pay period following the date his election is received by the Retirement Commission.
(c) Except for such members as elected to remain or be reinstated as members of
the state employees retirement system under section 5-166a, members of the judiciary
eligible for retirement under the provisions of section 51-50 or 51-50a and members of
the Teachers' Retirement Association not in state service are not eligible for membership
in the state retirement system.
(d) Each other state employee appointed to a position exempt from the classified
service, except positions funded in whole or in part by the federal government as part
of any public service employment program, on-the-job training program or work experience program, shall become a member on the first day of the pay period following the
date he has completed six months in such position, provided he has elected no other
Connecticut retirement plan.
(e) Each person who has been in state service since September 1, 1939, and who is
not a member may elect to become a member, effective on the first day of the pay period
following the date his election is received by the Retirement Commission.
(f) A temporary, emergency or provisional employee may elect to become a member, effective on the first day of the pay period following the date his election is received
by the Retirement Commission. At any time not later than the date six months after his
membership becomes mandatory under subsection (a) or (d), such employee may elect
to make retirement contributions for his salary received during the period, not in excess
of twelve months, prior to the effective date of his membership, without interest. Such
contributions shall be paid within six months after his membership becomes mandatory.
(g) Any teacher in state service required as a condition of his employment to hold
an appropriate certificate of qualification issued by the State Board of Education under
the provisions of section 10-145a and any teacher or professional staff member employed by the Board of Governors of Higher Education or any of its constituent units
shall elect membership either in the retirement system or the teachers' retirement system
subject to the provisions of section 10-183p, provided on or after October 1, 1975, any
such employee who is appointed to a position which makes him eligible for membership
in an alternate retirement program as authorized by subsections (u) and (v) of section
5-154, sections 5-156 and 5-158f and this subsection, and who elects such membership,
shall not be required to become a member of the state employees retirement system or
the Teachers' Retirement Association. Each such teacher shall be notified of the above
option when he accepts his employment. If any such teacher shall not have made an
election within one month after employment, he shall be deemed to have elected membership in the state employees retirement system. In the administration of this section,
the board of trustees of the institution or unit employing the teacher and said board shall
each perform, for the persons employed by it, the duties prescribed by chapter 167a for
boards of education and the chief administrative officer of such institution, unit or board
shall perform those prescribed in said chapter for the superintendent of schools.
(h) Transfers between the state employees and teachers' retirement systems will
continue to be permitted until the first of the month following three months after June 28,
1985. Notwithstanding any other provisions of this chapter to the contrary, no transfers
between the state employees retirement system, and either the Teachers' Retirement
Association or an alternate retirement program shall be permitted after such date, except
in the case of an employee who has had a bona fide change in employment. Such employee shall be eligible to transfer between systems only if such change is either (1) to
a position where participation in the Teachers' Retirement Association or an alternate
retirement program is permitted and such employee had not previously made such an
election or (2) to a position where participation in the Teachers' Retirement Association
or an alternate retirement program is not permitted and such employee was participating
in one of those systems. Notwithstanding the provisions of section 5-175b, any such
transferee shall receive credit for service rendered which is creditable in the system to
which he is transferring as of June 28, 1985, upon payment of the required employee
contributions plus required interest as provided in such system.
(i) Each state employee who first joins the state employees retirement system after
January 1, 1984, shall have his eligibility and membership determined under part V of
this chapter. A state employee who rejoins the state employees retirement system after
January 1, 1984, shall become a member of tier II if section 5-192e so indicates; otherwise such employee shall become a member of tier I. Any state employee hired on or
after July 1, 1982, and on or before July 1, 1984, shall be eligible to make a one-time
election for membership in either the tier I or the tier II plan. Such election shall be
made by January 2, 1984, or within ninety days after beginning such employment, or
by the first of the month following three months after June 28, 1985, whichever is later.
Any individual making such an election may receive credit for service on or after July
1, 1982, under terms utilized for other service credits.
(j) The provisions of this chapter shall apply to members of collective bargaining
units subject to the terms of the collective bargaining pension agreement approved by
the General Assembly on June 30, 1982, to members of collective bargaining units
adopting such terms in other collective bargaining agreements and to members of the
state employees retirement system who are excluded from collective bargaining and to
whom such terms have been extended by administrative action. All other persons shall
receive those benefits to which they are entitled under the provisions of this chapter,
revision of 1958, revised to January 1, 1983.
(k) Notwithstanding the provisions of subsection (j) of this section, each state employee collective bargaining unit which has not accepted the terms of such pension
agreement before July 7, 1983, shall have its dispute with the state employer over pension
issues submitted to the American Arbitration Association for arbitration. The dispute
shall be arbitrated by a single member of the association, selected in accordance with
the standard procedures of the association. The arbitration proceeding shall be conducted
in accordance with the standard procedures of the association which do not conflict with
the provisions of this subsection. The arbitrator's decision shall be final and binding on
both parties, except that the decision shall be submitted to the legislature for approval
or rejection pursuant to the provisions of section 5-278 in the same manner as agreements
are submitted under said section. Nothing in this subsection shall be construed to prohibit
the arbitrator from endeavoring to mediate the dispute for which he has been selected.
The parties may continue to negotiate the disputed pension issues and may reach an
agreement at any time prior to the issuance of the arbitrator's decision. If such an
agreement is reached, the arbitration proceedings shall terminate.
(1949 Rev., S. 389, 393; 1949, 1955, S. 157d; 1953, S. 160d; 1955, S. 159d; 1957, P.A. 602, S. 1; 1958 Rev., S. 5-110,
5-113, 5-114; 1961, P.A. 234, S. 9; 1963, P.A. 642, S. 88; 1967, P.A. 505; 786, S. 1; 1971, P.A. 297, S. 1; P.A. 73-538,
S. 2, 3; P.A. 74-12, S. 2, 3; P.A. 75-636, S. 5; P.A. 77-390, S. 3, 8; 77-573, S. 21, 30; P.A. 78-208, S. 27, 35; 78-277, S.
2, 3, 6; P.A. 82-218, S. 37, 46; P.A. 83-533, S. 7, 54; P.A. 84-241, S. 2, 5; 84-544, S. 4, 8; 84-546, S. 129, 173; P.A. 85-510, S. 23, 35.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; 1963 act
amended Subsec. (b) by deleting the words "of the state" after the words "Each officer"; 1967 acts changed provisions in
Subsec. (f) for back contributions for period before attaining permanent statute so that election to claim credit and make
payments for allowed period must be made within six months of time when membership becomes mandatory and included
teachers and professional staff members employed by commission for higher education or its constituent units under
provisions of Subsec. (g); 1971 act provided in Subsec. (g) that teachers not electing an option within one month of their
employment automatically become members of state employees retirement system; P.A. 73-538 allowed members of
judiciary and of teachers' retirement association option of remaining members of state employees retirement system under
Subsec. (c); P.A. 74-12 amended Subsec. (c) to allow members of judiciary and teachers' retirement association to choose
reinstatement in state employees retirement system; P.A. 75-636 amended Subsec. (g) to exempt members of alternate
retirement program for higher education personnel from requirement of membership in state employees or teachers' retirement programs; P.A. 77-390 added exception to Subsec. (d); P.A. 77-573 replaced commission for higher education with
board of higher education and replaced reference to repealed Sec. 10-324 with "subsection (d) of section 10-323e" in
Subsec. (g); P.A. 78-208 replaced teachers' retirement association with teachers' retirement system and replaced references
to repealed Sec. 10-175 and repealed chapter 167 with "section 10-183p" and "chapter 167a"; P.A. 78-277 amended
Subsecs. (a) and (d) exempting employees in positions funded wholly or partly by federal government in employment,
job-training or work experience programs from membership in retirement system; P.A. 82-218 substituted board of governors for board of higher education in Subsec. (g) pursuant to reorganization of higher education system, effective March
1, 1983; P.A. 83-533 added Subsecs. (h), (i), (j) and (k); P.A. 84-241 added "of higher education" to board's title; P.A.
84-544 amended Subsec. (h) to replace "the alternate retirement program" with "an alternate retirement program"; P.A.
84-546 made technical change to Subsec. (g) deleting reference to repealed Subsec. (d) of Sec. 10a-6; P.A. 85-510 amended
Subsec. (h) to extend deadline for transfers between the state employees and teachers' retirement systems from October
1, 1984, to the first of the month following three months after June 28, 1985, and to add provision that notwithstanding
Sec. 5-175b, any transferee shall receive credit for service rendered which is creditable in the system to which he is
transferring as of June 28, 1985, upon payment of the required employee contributions plus interest and amended Subsec.
(i) to extend hiring deadline for employees eligible to make a one-time election for membership in tier I or tier II from
January 1, 1984, to July 1, 1984, and to extend deadline for making such election from January 2, 1984, or within ninety
days after beginning such employment, to the first of the month following three months after June 28, 1985.
Sec. 5-161. Retirement contributions. (a) Each member covered under Social
Security shall make retirement contributions equal to: Two per cent on that portion of
his salary on which the state is making contributions under the Social Security
Agreement; plus five per cent on that portion of his salary in excess of the amount on
which the state is making contributions.
(b) Each member not covered under Social Security shall make retirement contributions equal to five per cent of his salary, unless otherwise provided by the applicable
collective bargaining agreement.
(c) A member's retirement contributions shall be deducted from his salary by the
Comptroller except that contributions by a participant in an alternate retirement program,
at the election of the participant, shall be made on a salary reduction basis in accordance
with Section 403(b) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
(d) The Comptroller shall inform any member so requesting of the total amount of
his retirement contributions up to the preceding July first.
(e) Except as provided in section 5-180 (c), a member absent from state service
without pay shall make no contributions during his absence.
(f) The state shall make no retirement contributions for and no retirement contributions shall be due from a member receiving workers' compensation or compensation
under section 5-142, provided full retirement credit shall be allowed to such member
for the period during which he is receiving such compensation.
(1949 Rev., S. 387, 390; 1957, P.A. 349; 595, S. 6; 1958 Rev., S. 5-109, 5-111; 1961, P.A. 234, S. 10; P.A. 77-234;
P.A. 79-376, S. 5; P.A. 83-533, S. 52, 54; P.A. 85-510, S. 15, 35; P.A. 89-211, S. 5.)
History: 1961 act "restated" state employees retirement act "in a simpler, clearer and more orderly form"; P.A. 77-234 amended Subsec. (f) deleting provision for payment of retirement contributions for member receiving workmen's
compensation but granting retirement credit for period under workmen's compensation; P.A. 79-376 changed "workmen's"
to "workers'" compensation; P.A. 83-533 amended Subsec. (c) to permit contributions of participant in an alternate retirement program to be made on a salary reduction basis; P.A. 85-510 amended Subsec. (b) requiring that each member not
covered under Social Security shall make retirement contributions equal to five per cent of his salary by adding "unless
otherwise provided by the applicable collective bargaining agreement"; P.A. 89-211 clarified reference to the Internal
Revenue Code of 1986.
Former section dealing with contributions found to have nothing to do with determination of eligibility. 10 CS 78;
id., 346.
Sec. 5-162. Retirement date and retirement income. (a) The retirement income
for which a member is eligible shall be determined from his retirement date, years of
state service and base salary, in accordance with the schedule in subsection (c) or (d)
below, whichever is appropriate.
(b) As used in this section: (1) "Base salary" means the average annual regular
salary, as defined in subsection (h) of section 5-154, received by a member for his three
highest-paid years of state service, disregarding any general temporary reduction or
any reduction or nonpayment for illness or other temporary absence; "retirement date"
means the date on which a member is retired from state service; "Social Security earnings" means that portion of the member's base salary up to and including the sum of forty-eight hundred dollars on which the state made contributions under the Social Security
Agreement, or would have made contributions had the member been covered under
Social Security by the state during the years used in determining his base salary; "excess
earnings" means that portion of the member's annual base salary in excess of his Social
Security earnings, provided, if the member has no Social Security earnings because the
state has made no Social Security contributions for him, his excess earnings shall equal
his base salary. (2) Notwithstanding the provisions of subdivision (1) of this subsection,
on and after January 1, 1984, "base salary" means the average covered earnings received
by a member for his three highest-paid years of state service, disregarding any general
temporary reduction or any reduction or nonpayment for illness or other absence which
does not exceed ninety days; and "covered earnings" means the annual salary, as defined
in subsection (h) of section 5-154, received by a member in a year, limited by one
hundred thirty per cent of the average of the two previous years' covered earnings. The
limit does not apply to earnings for calendar years before 1984 or for the first three full
or partial years of employment. The Retirement Commission may adopt regulations in
accordance with chapter 54 determining the procedure to be followed for a member
who was not employed on a full-time basis for the entire two previous years used to
develop such limit.
(c) Schedule 1-Twenty-five or more years of state service.
(1) Except as provided in section 5-163a, each member who has completed twenty-five or more years of state service shall be retired on his own application on the first
day of the month named in the application, and on or after the member's fifty-fifth
birthday.
(2) Each member who has completed twenty-five or more years of state service and
has reached his seventieth birthday and who is in an appointive position shall continue
in service and shall be retired on the first day of the month on or after his seventieth
birthday, upon notice from the Retirement Commission to the member, to the executive
head of his agency and the Comptroller.
(3) Each member referred to in subdivisions (1) and (2) of this subsection shall
receive a monthly retirement income beginning on his retirement date equal to one-twelfth of (A) plus (B): (A) Twenty-five per cent of his Social Security earnings, plus
fifty per cent of his excess earnings; (B) the number of years, if any, taken to completed
months, of his state service in excess of twenty-five years multiplied by one per cent of
his Social Security earnings, plus the number of such years multiplied by two per cent
of his excess earnings.
(d) Schedule 2-Less than twenty-five years of state service.
(1) Except as provided in section 5-163a, each member who has completed less
than twenty-five years of state service shall be retired on his own application, on the
first day of the month following his application, if the member has completed ten years
of state service and reached his fifty-fifth birthday.
(2) Each such member in an appointive position who has reached his seventieth
birthday shall continue in service and shall be retired on the first day of the month on
or after his seventieth birthday, upon notice from the Retirement Commission to the
member, the executive head of his agency and the Comptroller.
(3) Each member referred to in subdivisions (1) and (2) of this subsection shall
receive a monthly retirement income beginning on his retirement date equal to one-twelfth of (A) plus (B): (A) The number of years of his state service, taken to completed
months, multiplied by the applicable percentage of his Social Security earnings determined from the table below for the appropriate age and years of state service; (B) the
number of such years multiplied by the applicable percentage of his excess earnings
determined from the table below for such age and years of service.
Age Of Member
On His Retirement
Date |
Years
Of State
Service** |
Percentage
Of Social Security
Earnings |
Excess
Earnings |
| 70 and over | 5 and over* | 1.25% | 2.50% |
| 65 to 70 | 10 | 1.00 | 2.00 |
| 64 | 10 | .94 | 1.88 |
| 63 | 10 | .88 | 1.76 |
| 62 | 10 | .82 | 1.64 |
| 61 | 10 | .76 | 1.52 |
| 60 | 10 | .70 | 1.40 |
| 59 | 10 | .65 | 1.30 |
| 58 | 10 | .60 | 1.20 |
| 57 | 10 | .56 | 1.12 |
| 56 | 10 | .53 | 1.06 |
| 55 | 10 | .50 | 1.00 |
*Not more than 20 years may be counted for this age and percentage group.
**Between the ages of fifty-five and sixty, the minimum service requirement is ten
years of actual state service.
For each full year of service beyond ten, the percentage of Social Security earnings shall
be increased by one-fifteenth of the difference between one and the percentage shown
in the above table opposite the age of the retiring employee, and the percentage of
excess earnings shall be increased by one-fifteenth of the difference between two and
the percentage shown in the above table opposite the age of the retiring employee.
(e) Each retirement application shall be made to the Retirement Commission and,
upon its approval, shall be forwarded to the Comptroller, who shall draw his orders
upon the Treasurer for any amounts the applicant is entitled to receive.
(f) Pension contributions made by a member on any earnings excluded from his
base salary when calculating the member's retirement income, pursuant to the maximum
limitations on covered earnings in subsection (b) of this section, shall be refunded to
the member by the Retirement Commission at the time of his retirement.
(1949 Rev., S. 382, 386; 1951, S. 150d; 1951, 1955, S. 152d; 1957, P.A. 595, S. 7, 8; 670, S. 1; 1958 Rev., S. 5-101,
5-105, 5-108; 1959, P.A. 396, S. 1, 2; 1961, P.A. 234, S. 11; 437; February, 1965, P.A. 107, S. 1, 2; 243; 1967, P.A. 637,
S. 9, 10; 657, S. 78; P.A. 75-531, S. 1, 2, 6; P.A. 77-90; 77-390, S. 7, 8; P.A. 80-294, S. 1, 7; P.A. 83-533, S. 8, 54; P.A.
84-411, S. 3, 8; P.A. 85-510, S. 11, 35.)
History: 1959 act increased mandatory retirement age for woman from sixty-five to seventy and added subparagraph
(1)(A) to Subdiv. (d); 1961 acts "restated" state employees retirement act "in a simpler, clearer and more orderly form"
and amended definition of social security earnings in subsection (b) by adding "up to and including the sum of forty-eight
hundred dollars"; 1965 acts amended Subsec. (b) to redefine "base salary" to mean the average received for the three rather
than the five highest-paid years of state service and amended Subdiv. (2) of Subsecs. (c) and (d) to specify members to
"continue in service" after their seventieth birthday and be retired on the first day of the following month; 1967 acts added
provision for increasing percentage of social security and excess earnings in calculating benefits for employees with more
than ten years' service and made provision retroactive in Subsec. (d) and amended Subsec. (b) to include longevity payments
in definition of "base salary"; P.A. 75-531 amended Subsecs. (c) and (d) deleting all provisions making distinctions between
men and women for retirement purposes; P.A. 77-90 omitted provision in Subsec. (c)(1) concerning retirement of member
by virtue of application from agency head; P.A. 77-390 added note to table in Subsec. (d) allowing retirement between
ages fifty-five and sixty with minimum of ten years' actual full-time service as described in Sec. 5-166; P.A. 80-294
changed note deleting words "full-time" and "as described in section 5-166"; P.A. 83-533 amended Subsec. (b) by adding
definition of "base salary" to be used on and after January 1, 1984; P.A. 84-411 amended Subdiv. (1) of Subsec. (d) to
change retirement age from sixty to fifty-five; P.A. 85-510 added Subsec. (f) re refund of certain pension contributions.
See Sec. 5-154(h) re definition of "salary".
See Sec. 5-162f re minimum monthly retirement income.
See Sec. 5-164a re retirement credit afforded reemployed retired employees.
See Sec. 5-173 re special service retirement credit rules concerning state police, certain correctional employees, etc.
See Sec. 5-188 re retirement salary of detectives.
What constitutes state service; service in foot guard, as voting machine commissioner and as trustee of state hospital
may not be counted in determining years of service. 129 C. 266. Cited. 195 C. 407, 408. Cited. 218 C. 729, 731, 736. Sec.
5-162 et seq. cited. 234 C. 424, 428.
Cited. 2 CA 196, 197. Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Compensation has no bearing on right to retire. Nothing in subsection (e) requires the exercise of discretion. 10 CS 78;
Id. No bearing on whether or not one is in state service. Id. Public utilities commissioner is in state service. Id. Former
statute cited. 16 CS 197; 22 CS 97.
Subsec. (b):
Cited. 234 C. 411, 415. Cited. Id., 424, 429.
Subsec. (c):
Subdivision (1) cited. 170 C. 668, 669, 672, 673, 675. Cited. 195 C. 405, 408.
Subsec. (d):
Cited. 195 C. 405, 408.
Sec. 5-162a. Biennial adjustment of salary of retired employees. Section 5-162a
is repealed.
(1967, P.A. 637, S. 11, 12; 1969, P.A. 661, S. 10.)
Sec. 5-162b. Cost of living adjustment for employees retired on or before June
30, 1975. On July 1, 1978, and on July first of each subsequent year, each employee and
the spouse of each deceased employee who had elected the husband and wife retirement
income option, retired under the State Employees Retirement Act on or before June 30,
1975, shall be entitled, in addition to his original monthly retirement salary plus cost of
living allowances from date of original retirement, to an additional five per cent cost of
living monthly allowance computed on the basis of his combined monthly retirement
salary and cost of living allowances, if any, to which he was entitled as of the June
thirtieth immediately preceding. If on any July first, the Retirement Commission determines that the National Consumer Price Index for urban wage earners and clerical workers for the previous twelve-month period has increased less than the cost of living allowance provided by this section, the cost of living allowance provided by this section shall
be adjusted to reflect the change in such index provided such cost of living allowance
shall not be less than three per cent.
(1969, P.A. 661, S. 5, 6, 8; P.A. 75-421, S. 1, 5; P.A. 78-228, S. 1, 8.)
History: P.A. 75-421 deleted Subsecs. (b) and (c) re cost of living allowance provisions commencing on July 1, 1969,
and amended former Subsec. (a) to apply to July 1, 1975, and subsequent years, granting a three per cent cost-of-living
increase; P.A. 78-228 amended section to apply to July 1, 1978, and subsequent years, changed cost-of-living increase to
five per cent and provided for adjustments in increases geared to Consumer Price Index.
Sec. 5-162c. Annual adjustments in allowances to retired employees. Section
5-162c is repealed.
(1969, P.A. 661, S. 7; P.A. 73-534, S. 1, 4; P.A. 75-421, S. 4, 5.)
Sec. 5-162d. Tier I cost of living allowance for members retiring on or after
July 1, 1975. (a) Each employee retiring on or after July 1, 1975, and prior to the effective
date of the next collective bargaining agreement following July 1, 1978, which applies
to such employee and the spouse of any such deceased employee who had elected the
husband and wife retirement income option, shall be eligible for an annual five per
cent cost of living allowance commencing on the first anniversary date following the
completion of nine months in retirement. If on any subsequent applicable anniversary
date, the Retirement Commission determines that the National Consumer Price Index
for urban wage earners and clerical workers for the previous twelve-month period has
increased less than the cost of living allowance provided by this subsection, the cost of
living allowance provided by this subsection shall be adjusted to reflect the change in
such index provided such cost of living allowance shall not be less than three per cent.
(b) Each employee retiring on or after the effective date of the next collective bargaining agreement following July 1, 1978, which applies to such employee, and the
spouse or contingent annuitant of any such deceased employee who had elected an
optional form of retirement income, shall be eligible for an annual three per cent cost
of living allowance commencing on the first anniversary date following the completion
of nine months in retirement and any additional cost of living allowance which may be
obtained under the terms of a collective bargaining agreement.
(c) Each employee who is not included in any collective bargaining unit and who
retires after July 1, 1980, and the spouse or contingent annuitant of any such deceased
employee who had elected an optional form of retirement income, shall be eligible for
an annual three per cent cost of living allowance commencing on the first anniversary
date following the completion of nine months in retirement. Cost of living allowances
provided under subsections (a), (b), and (c) of this section shall be computed on the basis
of the retirement allowance to which the employee was entitled on the day preceding his
latest anniversary date. Anniversary date means the first day of January or the first day
of July following completion of nine months after the effective date of retirement.
(d) Each spouse or contingent annuitant of a deceased member who is receiving
income under section 5-165 or section 5-165a shall be eligible for an annual three per
cent cost of living allowance unless the spouse or contingent annuitant is receiving a
six per cent cost of living allowance as provided in section 5-162h.
(1969, P.A. 661, S. 9; P.A. 73-534, S. 2, 4; P.A. 75-421, S. 2, 5; P.A. 78-228, S. 2, 8; P.A. 79-631, S. 27, 111; P.A. 80-129, S. 1, 2; P.A. 83-533, S. 46, 54.)
History: P.A. 73-534 changed eligibility for cost-of-living allowances to date of retirement, omitting thirty-six month
waiting period and requirement that allowances commence on July first in the first-succeeding odd-numbered year, effective
July 1, 1974; P.A. 75-421 made provisions of section applicable to retirements on or after July 1, 1975, changed eligibility
to January first or July first after nine months of retirement and specified rate to be three per cent annually; P.A. 78-228
added qualifier concerning retirements before collective bargaining agreements which might exist after July 1, 1978, raised
rate to five per cent annually, made cost-of-living allowance subject to adjustment according to Consumer Price Index and
added Subsec. (b) concerning retirements subject to collective bargaining agreements after July 1, 1978; P.A. 79-631 made
technical changes; P.A. 80-129 added Subsec. (c) concerning cost-of-living allowances for retirees not covered by collective
bargaining; P.A. 83-533 amended section to include reference to contingent annuitants and added Subsec. (d).
Sec. 5-162e. Cost of living adjustment. Section 5-162e is repealed.
(S.A. 74-31, S. 15, 22; P.A. 74-338, S. 90, 94; P.A. 75-421, S. 4, 5.)
Sec. 5-162f. Minimum monthly retirement income. On or after October 1, 1982,
each retired member who (1) has completed twenty-five years of state service in accordance with subsection (c) of section 5-162, (2) has completed twenty years of hazardous
duty service described in section 5-173, or (3) is receiving retirement income under
section 5-173 or 5-188, shall receive a minimum monthly retirement income of eight
hundred thirty-three dollars and thirty-four cents, less any reduction for any option under
section 5-165, or any actuarial reduction under subsection (c) of section 5-163, or both.
Such minimum monthly benefit, for members already retired, shall be determined after
the application of any cost-of-living adjustments under sections 5-162b, 5-162d and 5-162h. Such minimum shall also apply to a member who has completed twenty-five years
of state service who terminates prior to being eligible for immediate retirement benefits,
but this provision shall not result in an earlier commencement of benefits than would
otherwise apply.
(P.A. 77-592, S. 1, 2; P.A. 83-533, S. 10, 54; P.A. 00-192, S. 99, 102.)
History: P.A. 83-533 amended section to provide for redetermination of minimum monthly retirement income; P.A.
00-192 inserted Subdiv. (1) designator, added Subdiv. (2) re hazardous duty service, inserted Subdiv. (3) designator and
increased minimum monthly retirement income from three hundred dollars to eight hundred thirty-three dollars and thirty-four cents, effective May 26, 2000.
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Sec. 5-162g. Part-time employees; eligibility; computation of benefits. (a) For
purposes of determining eligibility for retirement benefits for part-time employees under
subsection (d) of section 5-162 and subsection (d) of section 5-163a, a member's part-time service shall be treated as full-time service.
(b) For purposes of computing the retirement benefit payable to a member whose
service consists solely of part-time service without variation in the number of hours
worked during all periods of his state service, such member's service shall be treated
as full-time service.
(c) For purposes of computing the retirement benefit payable to a member whose
service consists of part-time and full-time service or whose service consists of part-time
service rendered in different proportions to a full-time schedule, such member's years
of service and average salary shall be proportionately adjusted to produce a retirement
benefit equivalent to that payable if his service had been rendered at an unvarying rate.
(P.A. 80-294, S. 5, 7.)
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Sec. 5-162h. Cost of living adjustment. (a) Notwithstanding the provisions of
sections 5-162b and 5-162d, on and after October 1, 1982, the cost-of-living allowance
increase for members or their beneficiaries who are receiving benefits under the provisions of tier I shall be up to six per cent if and only if (1) the member was not covered
by Social Security for at least half of the period of his state service and (2) the person
receiving benefits, either the member, his spouse, or contingent annuitant, has attained
age sixty-two provided any member who retired on or after October 1, 1982, and who
exercised the option under an applicable collective bargaining agreement to transfer out
of part A, without Social Security coverage, and to be covered retroactively under part
B, without Social Security coverage, shall be eligible for the cost-of-living adjustment
provided in section 5-162d. If on any applicable anniversary date, the Retirement Commission determines that the National Consumer Price Index for urban wage earners and
clerical workers for the previous twelve-month period has increased less than such six
per cent, the cost-of-living allowance increase shall be equal to the percentage change
in such index, provided such cost-of-living allowance increase shall not be less than
three per cent.
(b) (1) If an actuarial surplus exists for the system, the Retirement Commission
may elect to increase benefits of some or all retired employees, provided the granting
of such increase is consistent with the commission's fiduciary obligation to the members
of the system as specified in section 5-155a. The procedures in subdivisions (2) and (3)
of this subsection shall be used to determine whether an actuarial surplus exists. Any
such increase shall be in addition to any other cost-of-living increases automatically
provided to retired employees. The lump sum actuarial value of any such increase shall
in no event be greater than the difference between the actual unfunded past service
liability as determined pursuant to subdivision (3) of this subsection on the appropriate
June thirtieth and the expected unfunded past service liability as determined by the table
developed pursuant to subdivision (2) of this subsection for that same June thirtieth.
(2) As part of the December 31, 1983, valuation of the system, the system's actuary
shall develop a table of the expected unfunded past service liability for the plan as of
each June thirtieth, beginning with June 30, 1984, and ending with June 30, 2026. The
table shall be based on the unfunded past service liability generated by the valuation
and shall reflect the fact that less than one hundred per cent of the normal cost and full
forty-year amortization will be paid into the system prior to July 1, 1986. Such table
shall not be adjusted in future years, except to the extent necessary to reflect changes
in actuarial assumptions or actuarial cost methods approved by the Retirement Commission. Such table shall be used to determine whether an actuarial surplus exists in the
system.
(3) Within six months after each June thirtieth commencing with June 30, 1984,
the Retirement Commission shall determine whether the retirement fund had an actuarial
surplus for the completed year. Such surplus shall be deemed to exist if, and only if, the
following three criteria are all met:
(A) The investment return on the fund has exceeded the interest rate assumption
employed for regular valuation purposes by the fund. The investment return for the fund
shall be calculated by the following formula:
Where
A is the market value of the fund, including any due but unpaid contribution, as of
the first day of the fiscal year;
B is the market value of the fund, including any due but unpaid contribution, as of
the last day of the fiscal year; and
I is the market value return of the fund, which shall be equal to B reduced by A, but
increased by the total amount of benefits and expenses paid from the fund during the
year, and decreased by the total amount of employer and employee contributions for
that year, whether or not paid;
(B) The market value of the system's assets as of the appropriate June thirtieth was
greater than fifty per cent of the sum of (i) the liability for retired members and their
beneficiaries; (ii) the liability for former members entitled to a deferred vested benefit;
and (iii) the then current value of employee contributions, plus interest, for active members. In determining such liabilities, the fund's actuary shall recognize future cost-of-living adjustments provided under tier I and tier II and shall employ the actuarial assumptions utilized for regular valuation purposes. The actuary may utilize reasonable estimates to make such calculations; and
(C) The actual unfunded past service liability of the system as of the appropriate
June thirtieth was less than the expected unfunded past service liability as indicated by
the table developed pursuant to subdivision (2) of this subsection for the June thirtieth
five years later. In determining the actual unfunded past service liability, the actuary
shall employ the actuarial assumptions and procedures utilized for the last regular valuation. The actuary may utilize reasonable estimates to make such calculations.
(P.A. 83-533, S. 9, 54; P.A. 85-510, S. 6, 35.)
History: P.A. 85-510 amended Subsec. (a) to provide that the cost-of-living allowance under tier I shall be "up to" six
per cent, instead of six per cent, and to provide that any member who retired on or after October 1, 1982, and who exercised
the option under a collective bargaining agreement to transfer out of part A, without Social Security coverage, and to be
covered retroactively under part B, without such coverage, shall be eligible for the cost-of-living adjustment provided in
Sec. 5-162d.
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Sec. 5-163. Early retirement. (a) (1) Each member who retires or who has been
retired under the retirement system before he has attained sixty-five years of age, shall
receive additional temporary monthly retirement income payable until he reaches sixty-five years of age or, if earlier, the date on which he would be eligible for a Social
Security disability insurance benefit. (2) The amount of such temporary income shall
be determined by the Retirement Commission so that the total retirement income payable
to the member during the temporary period shall equal that payable under the provisions
of the retirement system in effect immediately before February 21, 1958, modified to
the extent that the three highest-paid years rather than the five highest-paid years shall
be used in determining the retirement income.
(b) If the Retirement Commission finds, for a member who became a state employee
on or before February 21, 1958, that the total of his monthly retirement income and the
Social Security benefit he is entitled to receive resulting from state service at retirement
is less than the retirement salary he would have received under the provisions of the
retirement system in effect immediately before February 21, 1958, modified to the extent
that the three highest-paid years rather than the five highest-paid years shall be used in
determining the retirement income, then the Retirement Commission shall increase his
monthly retirement income accordingly during the period when such lower total applies.
(c) Except as provided in section 5-163a, a member whose state service is terminated
because of economy, lack of work, abolition of his position or lack of reappointment
to a position in the unclassified service, or who, being an Army or Air National Guard
technician in the Military Department, is dismissed by reason of separation from the
National Guard because of age, after he has completed twenty-five years of state service
but before he has reached his fifty-fifth birthday, shall be entitled to a retirement income.
The amount of each monthly payment shall be determined from subsection (c) of section
5-162, if the member elects the first day of the month on or after such birthday as his
retirement date; and shall be the actuarial equivalent of such amount, as determined by
the Retirement Commission, if the member elects the first day of the month on or after
his termination date as his retirement date.
(1949 Rev., S. 392; 1951, S. 158d; 1957, P.A. 595, S. 9; 1958 Rev., S. 5-99, 5-112; 1961, P.A. 234, S. 12; 433; 456;
1963, P.A. 515; February, 1965, P.A. 318, S. 1; 1967, P.A. 603; P.A. 75-531, S. 3, 6; P.A. 92-226, S. 19, 28.)
History: 1961 acts "restated" state employees retirement act "in a simpler, clearer and more orderly form" and amended
Subsec. (b) by changing "became a member" to "became a state employee" and added provisions re army and air national
guard technicians in Subsec. (c); 1963 act amended Subsec. (a)(1) to provide that additional temporary benefits are payable
until the member "reaches sixty-five years of age" instead of until "the earliest date at which he would be" eligible for old
age benefits; 1965 act amended Subsec. (a) (1) to change qualification from retirement before the member "is eligible for
an old age benefit under social security" to before he "has attained sixty-five years of age"; 1967 act changed basis for
determining retirement income from five highest paid years to three highest paid years for those retiring under system
provisions in effect before February 21, 1958; P.A. 75-531 amended Subsec. (c) to provide exception to provisions of
Subsec. and deleted language making distinctions between men and women for retirement purposes; P.A. 92-226 amended
Subsec. (c) to include termination of state service because of lack of reappointment to a position in the unclassified service.
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Subsec. (c):
Cited. 195 C. 405, 408.
Sec. 5-163a. Eligibility for retirement prior to June 30, 1980. Retirement income. (a) Any member who has completed twenty-five years of state service and has
reached the age of fifty prior to June 30, 1980, may elect to be retired on the first day
of the month following such application and receive retirement benefits in accordance
with the provisions of subdivision (3) of subsection (c) of section 5-162, provided such
member so elects prior to June 30, 1980.
(b) Any member who has completed at least ten but less than twenty-five years of
state service and reached the age of fifty-five prior to June 30, 1980, may elect to be
retired on the first day of the month following his application and receive retirement
benefits in accordance with subsection (d) of this section, provided such member so
elects prior to June 30, 1980.
(c) Any member who has completed at least five but less than ten years of state
service and has reached the age of sixty-five prior to June 30, 1980, may elect to be
retired on the first day of the month following such application and receive retirement
benefits in accordance with the provisions of subsection (d) of this section, provided
such member so elects prior to June 30, 1980.
(d) Each member referred to in subsections (b) and (c) of this section shall receive
a monthly retirement income beginning on his retirement date equal to one-twelfth of
(A) plus (B): (A) The number of years of state service taken to completed months,
multiplied by the applicable percentage of his Social Security earnings determined from
the table below for the appropriate age and years of state service; (B) the number of
years multiplied by the applicable percentage of his excess earnings determined from
the table below for such age and years of service.
Age Of Member
On His Retirement
Date |
Years
Of State
Service** |
Percentage
Of Social Security
Earnings |
Excess
Earnings |
| 65 and over | 5 and over* | 1.25% | 2.50% |
| 60 to 65 | 10 | 1.00 | 2.00 |
| 59 | 10 | .94 | 1.88 |
| 58 | 10 | .88 | 1.76 |
| 57 | 10 | .82 | 1.64 |
| 56 | 10 | .76 | 1.52 |
| 55 | 10 | .70 | 1.40 |
| 54 | 10 | .65 | 1.30 |
| 53 | 10 | .60 | 1.20 |
| 52 | 10 | .56 | 1.12 |
| 51 | 10 | .53 | 1.06 |
| 50 | 10 | .50 | 1.00 |
*Not more than 20 years may be counted for this age and percentage group.
**Between the ages of fifty and fifty-five, the minimum service requirement is ten
years of actual state service.
For each full year of service beyond ten, the percentage of Social Security earnings shall
be increased by one-fifteenth of the difference between one and the percentage shown
in the above table opposite the age of the retiring employee, and the percentage of
excess earnings shall be increased by one-fifteenth of the difference between two and
the percentage shown in the above table opposite the age of the retiring employee.
(P.A. 75-531, S. 5, 6; P.A. 77-390, S. 6, 8; P.A. 80-294, S. 2, 7.)
History: P.A. 77-390 added note to table requiring ten years of actual full-time service as described in Sec. 5-166 for
those between fifty and fifty-five years old; P.A. 80-294 deleted "full-time" and "as described in section 5-166" from note.
See Sec. 5-162g re eligibility of part-time employees and computation of benefits.
Cited. 195 C. 405, 409.
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Sec. 5-163b. Supplemental retirement benefit for certain members eligible to
retire on or before July 1, 1989. Notwithstanding any provision of this chapter and
subsection (f) of section 5-278 to the contrary, any member of the state employees
retirement system (1) who is in active state service or receiving workers' compensation
payments, and who has ten or more years of credited state service and is eligible to retire
on or before July 1, 1989, or (2) who is eligible for a disability retirement pursuant to
section 5-169 or 5-192p on or before July 1, 1989, shall be eligible for a supplemental
retirement benefit, provided such member submits a written application for retirement
to the Retirement Division of the office of the Comptroller on or after June 1, 1989, but
before October 1, 1989. Such retirement shall become effective the first day of the month
following receipt of such application. No member whose application for retirement is
received on or after October 1, 1989, shall be eligible for such benefit. The amount of
the supplemental retirement benefit shall be equal to two per cent of such member's
annual base rate of pay, in accordance with any applicable compensation schedule, as
of June 29, 1989, multiplied by the number of such member's completed years of credited
state service, taken to completed months, provided accrued vacation time shall not be
considered credited state service for the purposes of such benefit, and provided further
the amount of any such benefit shall not exceed twenty-one thousand six hundred dollars.
The supplemental retirement benefit shall be paid to such member in thirty-six equal
monthly installments, commencing with the month in which such member's retirement
becomes effective. If any such member dies before such payments are completed the
remainder of the benefit payable to such member pursuant to this section shall be paid
to such member's estate in a single payment.
(P.A. 89-323, S. 1, 4.)
Sec. 5-164. Continuance in office or position after retirement date. (a) A department head, as defined in section 4-5, or any commissioner appointed to office in the
executive branch by the Governor with or without the approval of the General Assembly
or either branch thereof, who reaches his retirement date, namely, the first day of the
month on or after his seventieth birthday, during the term for which he is appointed,
may continue in office after such retirement date until the expiration of such term. Any
such person who had reached such date prior to his reappointment as such commissioner
may serve for the term for which he is so reappointed.
(b) A member who has reached the retirement age of seventy may be continued in
his position in state service, if such continuation is approved by the Commissioner of
Administrative Services. The appointing authority requesting such continuation shall
certify in writing to the Commissioner of Administrative Services that the continuation
is desirable for the efficient conduct of the state's business and that the member is
able and qualified to perform the work required. Approval by the Commissioner of
Administrative Services of such continuation shall be for a period of one year, which
may be renewed by said commissioner upon request by the appointing authority.
(c) A department head, head of an institution or administrator of a state fund may be
continued as provided in subsection (b) of this section. A continuation of such employee
beyond the age of seventy-three shall be requested by the appointing authority in writing
and shall require the approval of the Governor.
(d) A duly appointed and acting messenger or assistant messenger of any constituent
court of the Judicial Department who has reached his retirement date may be reemployed, pursuant to section 51-78, in the service of the court in which he has been a
messenger at the salary paid him at the time of his retirement. Such reemployment shall
continue until such time as the judges of said court terminate the same. Subsection (b)
above does not apply to any such messenger.
(e) Except as provided in section 5-164a, the existing retirement rights of a member
continued under this section after his retirement date shall not be affected by such continuation, and additional retirement rights shall accrue to him. Retirement contributions
shall be deducted from his salary during the period of continued employment. The provisions of chapter 67 dealing with examinations, certifications and appointments to and
separations from the service shall not apply to any such member.
(1949 Rev., S. 405; 1953, S. 171d, 173d; 1953, 1955, S. 172d; 1957, P.A. 477; 1958 Rev., S. 5-136 to 5-139; 1959,
P.A. 28, S. 200; 1961, P.A. 234, S. 13; 1963, P.A. 462; 481, S. 1, 2; February, 1965, P.A. 504, S. 1; 1967, P.A. 600, S. 1;
659, S. 2, 3, 4; 771, S. 1; 814; P.A. 77-614, S. 66, 610; P.A. 80-35; P.A. 81-19, S. 1, 3.)
History: 1959 act amended Subsec. (d) to substitute "any constituent court of the judicial department" for "the superior
court or the court of common pleas"; 1961 act "restated" state employees retirement act "in a simpler, clearer and more
orderly form"; 1963 acts amended Subsec. (b) to add employees of the judicial department to the proviso, amended Subsec.
(e) to delete a provision that no such member should receive a retirement income during his reemployment and added that
prohibition to Subsec. (f); 1965 act amended Subsec. (f) to substitute general assembly service for service in an elective
office of the state; 1967 acts amended Subsec. (a) to include commissioners and provide for continuance in office and
reappointment of department heads and commissioners reaching retirement age, amended Subsec. (b) to change termination
date for reemployment from first day of month on or after member's seventy-second birthday to seventy-third birthday
and to change extension from end of "next" fiscal year to "current" fiscal year, amended Subsec. (e) to include exception
to provisions, repealed Subsec. (f), changed references to reemployment throughout to continuation of employment, made
reference to retirement date in Subsec. (b) to specific age of seventy and amended Subsec. (f) so that employees continued
in employment gain additional retirement rights and pay additional contributions, previously they did not accrue further
rights or make additional contributions; P.A. 77-614 replaced personnel commissioner with commissioner of administrative
services; P.A. 80-35 replaced previous provisions concerning period of continuation with provision calling for one-year
continuations approved by commissioner of administrative services in Subsecs. (b) and (c) and further required that continuations for department and institution heads and fund administrator beyond age of seventy-three require governor's approval
rather than beyond age of seventy-four as previously; P.A. 81-19 amended Subsec. (d) to delete the prohibition on retired
court messengers being reemployed after age seventy-five.
Former statute cited. 22 CS 97.
Subsec. (b):
Cited. 2 CA 196, 198, 200-203.
Sec. 5-164a. Retirement credit of retired employees who are reemployed or
elected to serve in the General Assembly. (a) Any person who has retired from the
service of the state under any provision of this chapter and who is reemployed on a
permanent basis may elect, upon completion of not less than six months of continuous
service of reemployment or other state service, to make contributions to the retirement
fund and resume membership in the retirement system. He may also elect to obtain
credit for service for the period between the date of such reemployment or other state
service and the date of such election, provided he shall contribute to the retirement fund
for each month of such service a sum equal to the total contributions he would have
paid if he had been a member of the retirement system during such period. Such payment
shall be made within six months of the date on which his contributions to the retirement
fund are resumed.
(b) Any person who has retired from the service of the state under any provision of
this chapter and who is elected to serve in the General Assembly may elect, effective
from the first day of his term of office, to make contributions to the retirement fund and
resume membership in the retirement system.
(c) No member reemployed under this section or under section 5-164 or elected
to serve in the General Assembly or otherwise reentering state service shall receive a
retirement income during such member's reemployment or other state service except
(1) if such member's services as an employee are rendered for not more than ninety
working days in any one calendar year, provided that any member reemployed for a
period of more than ninety working days in one calendar year shall reimburse the state
retirement fund for retirement income payments received during such ninety working
days; (2) if such member's services are as a member of the General Assembly or as a
sessional employee of the General Assembly during the regular legislative session, such
member's retirement income payments shall not be suspended; or (3) if such member's
preretirement services which counted towards retirement are other than as a special
deputy sheriff pursuant to chapter 78, and if such member's postretirement services are
as a special deputy sheriff or, on and after December 1, 2000, as a judicial marshal and
such member was employed as a special deputy sheriff on July 1, 1999.
(d) Upon the subsequent retirement of a member who has made an election under
subsection (a), or upon the expiration of the term of office of a member of the General
Assembly who has made an election under subsection (b), his retirement income shall
be recomputed on the basis of his total period of credited state service, excluding any
period for which a retirement salary was paid under (1) or (2) of subsection (c), and
with his base salary recomputed on the basis of his three highest-paid years of his total
state service.
(1963, P.A. 453; February, 1965, 307, S. 1; 504, S. 2; 1967, P.A. 659, S. 1; P.A. 77-390, S. 1, 8; P.A. 85-502, S. 4, 9;
P.A. 89-323, S. 3, 4; P.A. 97-148, S. 4, 8; P.A. 00-99, S. 148, 154.)
History: 1965 acts provided persons may elect to obtain credit upon completion of "not less than" three years instead
of on completion of three years and that such credit will be for period between date of reemployment and date of election
instead of for the three years for which they have been ineligible to make contributions, and added provisions concerning
continued benefit payments during period of reemployment; 1967 act divided previous text into Subsecs. (a) and (b) and
added Subsec. (c) re recomputation of retirement benefits taking into consideration reemployment after original retirement,
deleted qualifying phrase "less than seventy years old" with regard to persons covered under provisions of section, changed
period from three years to six months for resumption of payments upon reemployment and simplified language allowing
back payments to cover six-month period; P.A. 77-390 amended Subsec. (b) to require that if reemployed member who
continues to receive benefits works more than ninety days, he must reimburse the state for benefits received during ninety-day period; P.A. 85-502 inserted new Subsec. (b) authorizing any person who has retired from state service and who is
elected to serve in the general assembly to elect to make contributions to the retirement fund and resume membership in
the retirement system, and relettered remaining Subsecs. and made technical changes to Subsecs. (c) and (d) and added
references to service in the general assembly to reflect provisions of Subsec. (b); P.A. 89-323 amended Subsec. (c) to
provide that the retirement income payments of a member who serves as a sessional employee of the general assembly
during the regular legislative session shall not be suspended; P.A. 97-148 amended Subsec. (c) to exclude special deputy
sheriffs whose postretirement service is as special deputy sheriffs, effective July 1, 1999; P.A. 00-99 extended exclusion
for service as special deputy sheriff to service as judicial marshal on and after December 1, 2000, and made technical
changes in Subsec. (c), effective December 1, 2000.
Cited. 218 C. 729, 731.
Cited. 34 CA 510, 518; judgment reversed, see 234 C. 424 et seq.
Subsec. (a):
Cited. 218 C. 729, 735.
Subsec. (c):
Cited. 216 C. 523, 526. Cited. 218 C. 729-734, 736.