Sec. 7-413. Examination of applicants. Certification. Each applicant for an office or employment in such classified service, except those exempted by or as provided
by this part, shall be subjected to a test, which shall be public and competitive, subject
to limitations specified in the rules of the board as to residence, age, health, habits and
moral character. Such tests shall be practical in their character and shall relate to those
matters which will fairly disclose the relative capacity of the persons tested to discharge
the duties of the position to which they seek to be appointed, and may include tests
of mental qualification, of physical qualification and health and, when appropriate, of
manual or technical skill. No questions in any test shall relate to political or religious
opinions or affiliations. When a training school has been established in any institution,
the pupils thereof may be classified, under the rules of the commission, as apprentices,
subject to promotion to higher grades in the service as provided in this part. The rating
of apprentices, unskilled laborers and domestic servants need not relate to more than
capacity and fitness for labor, habits of industry and sobriety and honesty. The board
shall control all tests and may, whenever a test is to be made, designate a suitable number
of persons to be examiners or the commissioners may, at any time, act as such examiners
without appointing other examiners. Notice of the time, place and general scope of each
test shall be given by the board, by ample publication for three weeks preceding such
test, and such notice shall also be posted by such board in a conspicuous place in its
office for three weeks before such test. Such further written or printed notice of tests
may be given as the board prescribes. Application for tests shall be made in writing, to
the board, on a form prescribed by the board, not less than forty-eight hours before the
test is to take place. The board may refuse to certify an applicant who is found to lack
any preliminary requirement, established by its rules, for the test or position for which
he applies, or who is found physically unfit to perform the duties attaching to such
position, or who is addicted to the use of intoxicating beverages to excess, or who has
been guilty of a crime or of infamous or notoriously disgraceful conduct, or who has,
within two years, been dismissed from the public service for delinquency or misconduct,
or who has intentionally made a false statement of any material fact or practiced or
attempted to practice any deception or fraud in his application or in his test or in securing
his eligibility to appointment.
(1949 Rev., S. 875.)
Cited. 147 C. 290.
It is the function of the civil service agency to determine fitness for position and its judgment will not be interfered
with by courts in absence of proof of its bad faith or arbitrary, capricious or illegal action. 27 CS 1.
Sec. 7-414. Classified service; eligible list; promotion. The board shall, from the
returns or reports of the tests, prepare a register or eligible list, for each grade or class
of positions in the classified service, of the persons who attain such minimum mark as
may be fixed by the board for any part of such test as fixed by the rules of such board
and who are otherwise eligible. Such persons shall take rank as candidates upon such
register or list in the order of their relative excellence as determined by test, without
reference to priority of time of test. The board shall provide by its rules for promotions
in such classified service on a basis of ascertained merit in service, seniority in service
and special test. The board shall submit to the appointing power for each promotion the
names of not more than three applicants having the highest rating. The method of testing
and the rules governing the same and the method of certifying shall, as far as possible,
be the same as provided for applicants for original appointment.
(1949 Rev., S. 876.)
Sec. 7-415. Credit allowances to veterans in examinations for original appointment. Any veteran who served in time of war, if he is not eligible for disability compensation or pension from the United States through the Veterans' Administration and if he
has attained at least the minimum earned rating on any examination held for the purpose
of establishing an employment list for original appointment shall have five points added
to his earned rating. Any such veteran, if he is eligible for such disability compensation
or pension and if he has attained at least the minimum earned rating on any such examination, shall have ten points added to his earned rating. Names of veterans shall be placed
on the list of eligibles in the order of such augmented rating. Credits shall be based upon
examinations with a possible rating of one hundred points. No such points shall be added
to any earned rating in any civil service or merit examination except as provided in this
section, the provisions of any municipal charter or special act notwithstanding.
(1949 Rev., S. 877; 1957, P.A. 163, S. 13; 1959, P.A. 688, S. 3; 1971, P.A. 551, S. 1.)
History: 1959 act deleted reference to definition of veteran in Sec. 27-103, but see Sec. 5-29a; 1971 act specified
employment lists for "original employment" rather than lists "as provided in section 7-414" and prohibited adding points
except as provided in section.
Cited. 185 C. 445, 449, 460, 462.
Cited. 10 CA 209, 211.
Cited. 41 CS 548, 556.
Sec. 7-416. Appointments. The appointing officer under whom a position classified under the provisions of this part is to be filled shall notify the board of that fact,
and the board shall certify to him the names and addresses of a limited number of candidates, as provided in its rules, who stand highest upon the register for the class or grade
to which such position belongs, and the appointing officer shall select one of the persons
so certified. After a candidate has been certified three times by the board and has not
been accepted, the name of such candidate may be stricken from the register. Emergency
lists of persons who have passed the required tests may be maintained for any grade or
class in which the numbers employed vary so greatly, in short intervals of time, that
certification after notice would be impracticable, and such list may stand as a call list
for positions in such grade or class only; but no appointment from an emergency list,
except from the persons having the highest ratings thereon and eligible to permanent
appointment, shall stand for more than sixty days or be subject to renewal within fifteen
days thereafter, except from a list of unskilled laborers or domestics actually employed
and paid as laborers or domestics.
(1949 Rev., S. 878.)
Sec. 7-417. Probation; notice of appointment or of creation or abolition of office. Appointments shall be on probation for a period to be fixed by the rules of the
board. At the expiration of such period of probation, the appointing officer may discharge
a candidate at will, but, if he is not then discharged, the appointment shall be deemed
complete. The board may strike from any eligible list the name of any candidate which
has remained thereon more than one year. After one-third of an eligible list has been
drawn, the board may hold another examination to obtain a new list. Any person remaining on the eligible list may retain his rating or, at his option, may enter the test and
obtain a new rating which shall supersede his former rating. Immediate notice in writing
shall be given by the appointing power to the board of all appointments, permanent or
temporary, made in the classified civil service and of all transfers, promotions, resignations or vacancies from any cause in such service, and of the date thereof, and a record
of the same shall be kept by the board. When any office or employment is created or
abolished or the compensation attached thereto altered, the officer or board making such
change shall report it immediately in writing to the board.
(1949 Rev., S. 879.)
Sec. 7-418. Inmates of institutions excepted. Inmates of any institution, supported in and by any political subdivision of the state, in which the merit system is
adopted and a civil service board appointed, may be assigned, by the lawful authorities
thereof, without test or registration, to such minor duties, in such institution, as they are
fitted to perform, but without pay or compensation other than privileges or liberties of
the institution, except by special permission of the civil service board.
(1949 Rev., S. 880.)
Sec. 7-419. Removal of officers or employees. No officer or employee in the
classified civil service shall be removed, discharged or reduced in rank or pay because of
religious or political opinion or affiliation. No removal from the classified civil service,
except at the expiration of the period of probation, shall be made by any appointing
power except for reasons given in writing to the board, and a copy of such reasons shall
be furnished to the person removed. Such person may thereupon file with the board in
writing any proper answer to such reasons. A copy of such reasons and answer and of
the order of removal shall be made a part of the records of the board and of the proper
department or office; and the reasons for any change in rank or compensation within
the classified service shall also be made a part of the records of the board and of the
proper department or office. Nothing contained in this chapter shall be so construed as
to require the examination of witnesses or any trial or hearing before or after reduction
or removal.
(1949 Rev., S. 881.)
Sec. 7-420. Interference with or false grading of applicants. No person shall,
either by himself or in cooperation with any other person or persons, wilfully or corruptly
defeat, deceive or obstruct any person in relation to his right of test under the provisions
of this part, or falsely mark, grade, estimate or report upon the test or standing of any
person so tested hereunder, or aid in so doing, or furnish to any person any special or
secret information for the purpose of either improving or injuring the rating of any
person so tested, or to be tested, or the prospects of any such person for appointment,
employment or promotion.
(1949 Rev., S. 882.)
Sec. 7-421. Political activities of classified municipal employees. Candidacy of
municipal employees for elective office. Leaves of absence. Service on governmental bodies of the town in which the employee resides. (a) No person employed in the
classified civil service may (1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election or a nomination for office; or (2)
directly or indirectly coerce, attempt to coerce, command or advise a state or local
officer or employee to pay, lend or contribute anything of value to a party, committee,
organization, agency or person for political purposes.
(b) A person employed in said classified service retains the right to vote as he
chooses and to express his opinions on political subjects and candidates and shall be
free to participate actively in political management and campaigns. Such activity may
include, but shall not be limited to, membership and holding of office in a political party,
organization or club, campaigning for a candidate in a partisan election by making
speeches, writing on behalf of the candidate or soliciting votes in support of or in opposition to a candidate and making contributions of time and money to political parties,
committees or other agencies engaged in political action, except that no classified employee shall engage in such activity while on duty or within any period of time during
which such employee is expected to perform services for which he receives compensation from the municipality, and no such employee shall utilize municipal funds, supplies,
vehicles or facilities to secure support for or oppose any candidate, party, or issue in a
political partisan election. Notwithstanding the provisions of this subsection, any municipal employee may be a candidate for a federal, state or municipal elective office in a
political partisan election and no municipality or any officer or employer thereof shall
take or threaten to take any personnel action against any such employee due to such
candidacy. No person seeking or holding state or municipal office in accordance with
the provisions of this subsection shall engage in political activity or in the performance
of the duties of such office while on municipal duty or within any period of time during
which such person is expected to perform services for which such person receives compensation from the municipality.
(c) Any municipal employee who leaves his municipal employment to accept a full-time elective municipal office shall be granted a personal leave of absence without pay
from his municipal employment for not more than two consecutive terms of such office
or for a period of four years, whichever is shorter. Upon reapplication for his original
position at the expiration of such term or terms of office, such person shall be reinstated
in his most recent municipal position or a similar position with equivalent pay or to a
vacancy in any other position such person is qualified to fill. If no such positions are
available, such person's name shall be placed on all reemployment lists for classes for
which he is eligible. Such person shall give notice in writing to his municipal employer
that he is a candidate for a full-time elective municipal office within thirty days after
nomination for that office.
(d) Notwithstanding the provisions of subsection (c) of this section, upon the request
of any municipal employee to whom a personal leave of absence has been granted
pursuant to said subsection, his municipal employer may, in its sole discretion, determine
whether to extend such leave of absence beyond the period permitted in said subsection
and, if extended, what terms and conditions shall pertain to such extension. As part of any
such extension, rights of reinstatement with equivalent pay or benefits may be granted to
such employee.
(e) Any municipal employee shall have the right to serve on any governmental body
of the town in which such employee resides except any body which has responsibility
for direct supervision of such employee. Notwithstanding the provisions of this subsection, (1) no such employee shall serve on any of the following unless such employee is
permitted to serve pursuant to the provisions of a municipal charter or home rule ordinance or serves because of membership on the legislative body of the municipality: (A)
Any board of finance created pursuant to chapter 106 or any special act or municipal
charter; (B) any body exercising zoning powers pursuant to chapter 124 or any special
act or municipal charter; (C) any body exercising land use powers pursuant to chapter
125a or any special act or municipal charter; (D) any body exercising planning powers
pursuant to chapter 126 or any special act or municipal charter; or (E) any body regulating
inland wetlands and watercourses pursuant to chapter 440 or any special act or municipal
charter; and (2) any municipality may, by ordinance adopted by its legislative body,
authorize such employees to serve on (A) any body exercising zoning powers pursuant
to chapter 124 or any special act or municipal charter; (B) any body exercising land use
powers pursuant to chapter 125a or any special act or municipal charter; (C) any body
exercising planning powers pursuant to chapter 126 or any special act or municipal
charter; or (D) any body regulating inland wetlands and watercourses pursuant to chapter
440 or any special act or municipal charter.
(1949 Rev., S. 883; P.A. 76-424, S. 1, 4; P.A. 84-532, S. 2, 3; P.A. 87-75, S. 1, 2; P.A. 90-123, S. 1, 3; P.A. 93-103;
P.A. 02-83, S. 9; P.A. 03-278, S. 17.)
History: P.A. 76-424 replaced former provisions re political activities of municipal and state employees; P.A. 84-532
provided that any municipal employee may be a candidate for municipal elective office, provided political activity may
not be engaged in during working hours and added Subsec. (c), granting such employees the right to a leave of absence
upon taking full-time elective office, with specified rights to reinstatement; P.A. 87-75 added Subsec. (d), permitting
municipal employers to grant extensions of leaves of absence given to employees who have taken full-time elective office;
P.A. 90-123 amended Subsec. (b) to include candidacies for federal and state office and to prohibit the taking of any
personnel action against employee candidates and added Subsec. (e) concerning service on governmental bodies by municipal employees; P.A. 93-103 amended Subsec. (e) to clarify the right of a municipal employee to serve on a governmental
body; P.A. 02-83 amended Subsec. (e) by designating existing provisions re limitations on employee service as Subdiv.
(1), redesignating existing Subdivs. (1) to (5) as Subparas. (A) to (E), making a technical change for purposes of gender
neutrality, and adding Subdiv. (2) re municipal ordinances authorizing employees to serve on certain bodies; P.A. 03-278
made a technical change in Subsec. (a), effective July 9, 2003.
Cited. 192 C. 399, 404.
Cited. 39 CS 123, 126. Cited. 41 CS 295, 299, 300.
Subsec. (a):
Cited. 39 CS 123, 126.
Subsec. (b):
Cited. 192 C. 399, 403.
Cited. 39 CS 123, 125-128. Cited. 41 CS 295, 299, 300.
Sec. 7-421a. Inconsistent statutory or charter provisions. Notwithstanding any
general statute, special act or local law, ordinance or charter to the contrary, the provisions of section 7-421 shall apply to all municipal employees in the classified service.
(P.A. 76-424, S. 2, 4; P.A. 80-325, S. 1.)
History: P.A. 80-325 specified employees in the classified service.
Sec. 7-421b. Limitation on restrictions of political rights of municipal employees. Notwithstanding any general statute, special act or local law, ordinance or charter
to the contrary, any municipality which has not adopted a merit system shall not impose
restrictions on the political rights of its employees other than those provided in section
7-421.
(P.A. 80-325, S. 2.)
Cited. 41 CS 295, 299, 300.
Sec. 7-422. Personnel appeals board. Appeal to Superior Court. Any town, city
or borough may, by ordinance, create a personnel appeals board which shall consist of
five members who shall be electors of such municipality holding no salaried municipal
office and whose term of office and method of election or appointment shall be fixed
in the ordinance. Not more than three members shall be members of the same political
party. The terms of office shall be arranged so that not more than one of such terms
shall expire in any one year. Vacancies shall be filled for the unexpired portion of the
term in the manner fixed in the ordinance. Three members shall constitute a quorum.
Said board shall hear and determine any grievance, as defined in such ordinance, of any
employee or group of employees of such town, city or borough. It shall adopt rules of
procedures which shall insure any aggrieved employee a prompt and fair hearing and
an opportunity to be heard in person or by a representative of his choosing. The decision
of said board may be appealed to the Superior Court within ninety calendar days from
the date such board renders its decision.
(1953, S. 401d; P.A. 73-654; P.A. 76-436, S. 416, 681.)
History: P.A. 73-654 allowed appeal from decision of board to court of common pleas, replacing former provision that
board decisions were to be final and binding upon the parties; P.A. 76-436 substituted superior court for court of common
pleas, effective July 1, 1978.
Cited. 8 CA 165, 166. Cited. 26 CA 45, 47.
Allows but does not require any town, city or borough to create a personnel appeals board. 35 CS 645, 653. Cited. Id.
Sec. 7-423. Technical services by Department of Administrative Services. Any
municipality or other political subdivision of the state may enter into an agreement with
the Commissioner of Administrative Services to procure the technical services available
in the Department of Administrative Services for the establishment or continuation of
local administration of a merit system. Any such agreement shall provide for the reimbursement of the state for the actual cost of such services and overhead, as determined
by the commissioner.
(1953, S. 402d; P.A. 77-614, S. 66, 610; P.A. 01-195, S. 109, 181.)
History: P.A. 77-614 substituted commissioner and department of administrative services for personnel commissioner
and department; P.A. 01-195 made technical changes, effective July 11, 2001.
Sec. 7-424. Penalty. Any person who, wilfully or through culpable negligence,
violates any rule promulgated in accordance with the provisions of this part shall be
fined not less than the amount of one month's salary of the office or position, or offices
or positions, affected by such violation, nor more than the amount of two years' salary
thereof, or, in case no office or position is directly affected, shall be fined not less than
fifty dollars nor more than one thousand dollars or imprisoned not more than six months
or be both fined and imprisoned.
(1949 Rev., S. 884.)
PART II*
RETIREMENT
*Cited. 175 C. 174, 176, 177. Cited. 204 C. 563, 566. Secs. 7-425-7-459a cited. 234 C. 411, 416; Id., 424, 429.
Sec. 7-425. Definitions. The following words and phrases as used in this part,
except as otherwise provided, shall have the following meanings:
(1) "Municipality" means any town, city, borough, school district, taxing district,
fire district, district department of health, probate district, housing authority, regional
work force development board established under section 31-3k, regional emergency
telecommunications center, tourism district established under section 10-397, flood
commission or authority established by special act or regional planning agency;
(2) "Participating municipality" means any municipality which has accepted this
part, as provided in section 7-427;
(3) "Legislative body" means, for towns having a town council, the council; for
other towns, the selectmen; for cities, the common council or other similar body of
officials; for boroughs, the warden and burgesses; for district departments of health, the
board of the district; in the case of a probate district, the judge of probate; for regional
planning agencies, the regional planning board; for regional emergency telecommunications center, a representative board; for tourism districts, the board of directors of such
tourism district; and in all other cases the body authorized by the general statutes or by
special act to make ordinances for the municipality;
(4) "Retirement Commission" means the State Retirement Commission created by
chapter 66;
(5) "Member" means any regular employee or elective officer receiving pay from a
participating municipality, and any regular employee of a free public library that receives
part or all of its income from municipal appropriation, who has been included by such
municipality in the pension plan as provided in section 7-427, but shall not include any
person who customarily works less than twenty hours a week if such person entered
employment after September 30, 1969, any police officer or firefighter who will attain
the compulsory retirement age after less than five years of continuous service in fund
B, any teacher who is eligible for membership in the state teachers retirement system,
any person eligible for membership in any pension system established by or under the
authority of any special act or of a charter adopted under the provisions of chapter 99,
or any person holding a position 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, provided persons holding such federally funded positions on July
1, 1978, shall not be excluded from membership but may elect to receive a refund of
their accumulated contributions without interest;
(6) "Pay" means the salary, wages or earnings of an employee, including any payments received pursuant to chapter 568 and the money value as determined by the Retirement Commission of any board, lodging, fuel or laundry provided for such employee
by the municipality but not including any fees or allowances for expenses;
(7) "Fund" and "fund B" means the Connecticut Municipal Employees' Retirement
Fund B;
(8) "Continuous service" and "service" means active service as a member, or active
service prior to becoming a member if such service (A) was in a department for which
participation was subsequently accepted and not subsequently withdrawn, (B) was continuous to the date of becoming a member except service for which credit is granted
pursuant to section 7-436a, and (C) would have been as a member if the department had
then been participating, all subject to the provisions of section 7-434;
(9) "System" means the Old Age and Survivors Insurance System under Title II of
the Social Security Act, as amended;
(10) "Social Security Act" means the Act of Congress, approved August 14, 1935,
Chapter 531, 49 Stat. 620, officially cited as the Social Security Act, including regulations and requirements issued pursuant thereto, as such act has been and may from time
to time be amended;
(11) "Regional emergency telecommunications center" means an entity authorized
by the Department of Public Safety as the public safety answering point responsible for
the receipt and processing of 9-1-1 calls for at least three municipalities.
(1949 Rev., S. 885; 1951, S. 403d; 1957, P.A. 13, S. 45; 447, S. 1; 1959, P.A. 152, S. 17; 360; 612, S. 1; 1963, P.A.
344, S. 1; February, 1965, P.A. 549, S. 1; 1969, P.A. 402, S. 1; 408; P.A. 73-302; P.A. 75-293, S. 1; P.A. 78-118, S. 1, 2;
P.A. 80-100, S. 2; P.A. 86-243, S. 2, 10; P.A. 89-46, S. 1, 2; P.A. 93-356, S. 1; P.A. 97-152, S. 1; P.A. 00-162; P.A. 01-80, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 236.)
History: 1959 acts deleted references relating to counties, redefined "continuous service", and included probate districts
in definitions of "municipality" and "legislative body"; 1963 act included district departments of health in definitions of
"municipality" and "legislative body"; 1965 act included regional planning agencies in definitions of "municipality" and
"legislative body"; 1969 acts divided section into subdivisions, excluded persons working less than twenty hours a week
employed after September 30, 1969, from consideration as "members" and redefined "service"; P.A. 73-302 distinguished
between members of fund A and fund B in definition of "member"; P.A. 75-293 specified "active" service in definition
of "continuous service"; P.A. 78-118 redefined "member" to include employees in public service, on-the-job training or
work experience programs funded partly or wholly by federal government; P.A. 80-100 added exception to Subpara. (b)
in definition of "continuous service"; P.A. 86-243 amended Subdiv. (6) to include workers' compensation payments within
the definition of "pay"; P.A. 89-46 redefined "member" to mean only police officers or firefighters who will attain the
compulsory retirement age after less than fifteen years of service in fund A or after less than ten years in fund B; P.A. 93-356 redefined "member" to exclude police officers and firefighters who reach compulsory retirement age after less than
fifteen years of participation in fund A, deleted the definition of "fund A", redefined "fund" to refer exclusively to fund
B, and renumbered remaining Subdivs. accordingly; P.A. 97-152 redefined "municipality" to include regional work force
development boards; P.A. 00-162 added provisions re regional emergency telecommunications centers and tourism districts
in Subdivs. (1) and (3) and added new Subdiv. (11) defining "regional emergency telecommunications center"; P.A. 01-80 amended Subdiv. (5) by replacing "ten years" with "five years" and making a technical change; June 30 Sp. Sess. P.A.
03-6 amended Subdiv. (1) to change section reference for tourism district, effective August 20, 2003.
Cited. 148 C. 233.
Vote of board of police commissioners not effective to accept provisions of this part. 18 CS 8. "Continuous service"
defined as used in retirement act established by special act. 21 CS 116.
Sec. 7-426. Separate funds. Retirement rate. Section 7-426 is repealed.
(1957, P.A. 447, S. 2; September, 1957, P.A. 10, S. 5; P.A. 93-356, S. 15.)
Sec. 7-427. Participation by municipalities. (a) Any municipality except a housing authority, which is governed by subsection (b) of this section or a regional work
force development board established under section 31-3k, which is governed by section
7-427a, may, by resolution passed by its legislative body and subject to such referendum
as may be hereinafter provided, accept this part as to any department or departments of
such municipality as may be designated therein, including elective officers if so specified, free public libraries which receive part or all of their income from municipal appropriation, and the redevelopment agency of such municipality whether or not such municipality is a member of the system, as defined in section 7-452, but such acceptance shall
not repeal, amend or replace, or affect the continuance of, any pension system established
in such municipality by or under the authority of any special act and all such special
acts shall remain in full force and effect until repealed or amended by the General Assembly or as provided by chapter 99. The acceptance of this part as to any department or
departments of a municipality shall not affect the right of such municipality to accept
it in the future as to any other department or departments. In any municipality other
than a district department of health, housing authority, flood commission or authority,
regional planning agency or supervision district board of education, such resolution
shall not take effect until it has been approved by a majority of the electors of the
municipality voting thereon at the next regular election or meeting or at a special election
or meeting called for the purpose. The effective date of participation shall be at least
ninety days subsequent to the receipt by the Retirement Commission of the certified
copy of such resolution. The Retirement Commission shall furnish to any municipality
contemplating acceptance of this part, at the expense of such municipality, an estimate
of the probable cost to such municipality of such acceptance as to any department or
departments thereof.
(b) Unless the board of commissioners of a housing authority votes against such
participation, employees of housing authorities who are eligible under section 7-425
and who are not members of the Municipal Employees Retirement Fund B shall become
members thereof on July 1, 1972, and membership in any other retirement fund, except
the federal old age and survivors insurance, shall terminate on said date. Housing authorities whose employees are enrolled on or before May 21, 1971, in any other retirement
system shall arrange for termination of such system on July 1, 1972, which arrangements
shall include provision that the rights of members who retired prior to July 1, 1972,
under such system shall not be affected and provision that any refunds of employee
contributions made to such other retirement system shall be transferred to the Municipal
Employees' Retirement Fund B and the appropriate amount credited to the account of
each transferring employee's benefit.
(1949 Rev., S. 886; 1951, S. 404d; 1957, P.A. 13, S. 46; 447, S. 3; 1959, P.A. 152, S. 18; 1963, P.A. 344, S. 2; February,
1965, P.A. 549, S. 2; 1969, P.A. 402, S. 2; 725, S. 1; 1971, P.A. 268; 1972, P.A. 71, S. 1; P.A. 84-90; P.A. 93-356, S. 2;
P.A. 97-152, S. 2.)
History: 1959 act deleted county provisions; 1963 act added district department of health provisions; 1965 act added
provisions re regional planning agencies; 1969 acts deleted provisions regarding district departments of health and regional
planning agencies and included redevelopment agencies; 1971 act added Subsec. (b) re employees of housing authorities;
1972 act amended Subsec. (b) to specify that credit be transferred to account of each employee earning credit rather than
simply to housing authority's account; P.A. 84-90 amended Subsec. (a) to provide that employees of any supervision
district board of education may become eligible for membership in the municipal employees retirement system without
the need of a referendum; P.A. 93-356 amended Subsec. (a) to delete a provision requiring municipalities electing membership in the municipal employees retirement system to specify whether participation is in fund A or fund B and to delete a
provision requiring that such membership begin on the first day of July; P.A. 97-152 amended Subsec. (a) by adding
reference to regional work force development boards established under Sec. 31-3k.
See Sec. 7-188 re initiation of action for adoption, revision or repeal of charter or home rule ordinance.
Cited 175 C. 174, 179.
Where town meeting accepted provisions of this part and two months later another town meeting voted to rescind the
earlier vote, held town did not become participating municipality in retirement system. 18 CS 8.
Sec. 7-427a. Enrollment procedures for employees of regional work force development boards. Rights of previously retired members unaffected. Transfer of
contributions. If the majority of the members of a regional work force development
board vote to participate in this part, employees of a regional work force development
board who are eligible under section 7-425, and who are not members of the Municipal
Employees Retirement Fund B shall become members thereof on July 1, 1998. Membership in any other retirement system shall terminate on said date. The members of a
regional work force development board shall arrange for termination of such systems,
which arrangements shall include provision that the rights of members who retired prior
to July 1, 1998, under such system shall not be affected and provision that any refunds
of employee contributions made to such other retirement system shall be transferred to
the Municipal Employees' Retirement Fund B and the appropriate amount credited to
the account of each transferring employee's benefit. Each employee of the regional
work force development board shall pay his pro rata share of the actual cost of such
transfer at no additional cost to the municipality or board.
(P.A. 97-152, S. 3.)
Sec. 7-427b. Credit for prior service with private industry council or regional
work force development board. (a) Any employee of a regional work force development board which has voted to participate in this part who previously was an employee
of a private industry council shall receive credit for the purposes of retirement under
the provisions of this part for the period of his service with the private industry council
upon payment to the Municipal Employees Retirement Fund of a sum equal to that
which he would have paid had such service been covered by the provisions of this part,
provided such sum is paid within one year of the date of such board's first participation
in this part.
(b) Any employee of a regional work force development board which has voted
to participate in this part shall receive credit for the purposes of retirement under the
provisions of this part for the period of his service with such board when such board
was not participating under the provisions of this part upon payment to the Municipal
Employees Retirement Fund of a sum equal to that which he would have paid had such
service been covered by the provisions of this part, provided such sum is paid within
one year of the date of such board's first participation in this part.
(P.A. 97-152, S. 4.)
Sec. 7-428. Retirement on account of length of service and age. Any member
of fund B shall be eligible for retirement and to receive a retirement allowance upon
completing twenty-five years of aggregate service in a participating municipality or
upon attaining the age of fifty-five years, provided such employee has had five years
of continuous service or fifteen years of active aggregate service in a participating municipality.
(1949 Rev., S. 887; 1957, P.A. 447, S. 4; March, 1958, P.A. 16, S. 1; February, 1965, P.A. 346, S. 1; 1967, P.A. 816;
P.A. 75-293, S. 2; P.A. 93-356, S. 3; P.A. 01-80, S. 6.)
History: 1965 act authorized retirement of Fund A members after thirty-five years of aggregate service; 1967 act reduced
requirement for thirty years' service under fund B to twenty-five years' service; P.A. 75-293 allowed retirement under
fund B at age fifty-five with ten years' continuous service in addition to retirement at fifty-five with fifteen years' active
aggregate service; P.A. 93-356 deleted provisions re retirement for fund A members; P.A. 01-80 replaced "ten years" with
"five years".
Sec. 7-429. Retirement of elective officers. If any member of a participating municipality who is an elective officer is separated from the service of the municipality by
which he is employed, except for cause or by resignation, after attaining the age of sixty
years and after completing at least twenty years of continuous service but before reaching
the voluntary retirement age, he shall be entitled to a retirement allowance upon reaching
the voluntary retirement age; provided, at the option of the elective officer, the retirement
allowance may commence on the date of such separation and be payable in such an
amount as may be determined by the Retirement Commission to be the actuarial equivalent of the retirement allowance that would have been payable except for the election
of such option.
(1957, P.A. 130.)
Sec. 7-430. Involuntary retirement; temporary retention. Any member, other
than an elective officer, shall be retired at any time after such member has become
eligible for retirement upon the recommendation of the legislative body of the municipality by which he is employed. Any member, except an elective officer, who has attained
the age of sixty-five years if employed as a policeman or fireman shall be retired on the
day following the attainment of such age, except that any such member, at his request
and with the annual approval of the legislative body, may be retained in the employ of
the participating municipality, but such person shall receive no pension payments during
the period he is so retained; provided, for any member, except an elective officer, who
at or before the end of three years after the effective date of participation has attained
the age of sixty-five years if employed as a policeman or fireman, the compulsory retirement date shall be the end of such three years after such effective date, unless application
for retirement is made before such compulsory date by the legislative body of the municipality.
(1949 Rev., S. 889; 1953, S. 405d; 1957, P.A. 13, S. 47; P.A. 89-162, S. 1, 3; P.A. 93-356, S. 4.)
History: P.A. 89-162 allowed policemen and firemen to work after the age of sixty-five with the annual approval of
the legislative body of the employing municipality; P.A. 93-356 deleted a provision prohibiting police officers and firefighters from retaining active membership in the municipal employees' retirement system upon attaining age sixty-five.
Sec. 7-431. Separation from service before voluntary retirement age. Any
member of fund B separated from the service of the municipality by which the member
is employed, except for cause, after completing at least five years of continuous service
but before reaching the voluntary retirement age, shall be entitled to a retirement allowance upon reaching the voluntary retirement age; provided, at the option of the member,
the retirement allowance may commence on the date of such separation and be payable
in such an amount as may be determined by the Retirement Commission to be the
actuarial equivalent of the retirement allowance that would have been payable except
for the election of such option.
(1955, S. 406d; 1957, P.A. 447, S. 5; 1967, P.A. 815; P.A. 93-356, S. 5; P.A. 01-80, S. 7.)
History: 1967 act changed years of service from fifteen to ten re fund B employees; P.A. 93-356 deleted provisions re
fund A members separated from municipal service prior to reaching voluntary retirement age; P.A. 01-80 replaced "ten
years" with "five years" and made a technical change for the purpose of gender neutrality.
Cited. 178 C. 23, 25, 31.
Sec. 7-432. Retirement for disability. Any member shall be eligible for retirement
and for a retirement allowance who has completed at least ten years of continuous service
if he becomes permanently and totally disabled from engaging in any gainful employment in the service of the municipality. If such disability is shown to the satisfaction of
the Retirement Commission to have arisen out of and in the course of his employment
by the municipality, as defined by the Workers' Compensation Act, he shall be eligible
for retirement irrespective of the duration of his employment. Such retirement allowance
shall continue during the period of such disability. The existence and continuance of
disability shall be determined by the Retirement Commission upon such medical evidence and other investigation as it requires. No such allowance shall be paid if the
disability has been caused by the wilful misconduct or intoxication of the disabled member. In order to obtain a retirement allowance under this section a member shall apply
in writing for such allowance to the Retirement Commission within one year after incurring the disability, and the allowance may be made retroactive to the date at which the
pay of the disabled member ceased.
(1949 Rev., S. 888; P.A. 79-376, S. 11.)
History: P.A. 79-376 substituted "workers' compensation" for "workmen's compensation".
Cited. 144 C. 322.
Cited. 12 CA 138, 147.
Secs. 7-433 and 7-433a. Disability or death of firemen or policemen caused by
hypertension or heart disease. Sections 7-433 and 7-433a are repealed.
(1951, 1953, 1955, S. 407d; 1959, P.A. 366; 1961, P.A. 330, S. 1, 2; 1967, P.A. 770, S. 1; 1969, P.A. 380, S. 1; P.A.
92-81, S. 2, 3.)
Sec. 7-433b. Survivors' benefits for firemen and policemen. Maximum cumulative payment. (a) Notwithstanding the provisions of any general statute, charter or
special act to the contrary affecting the noncontributory or contributory retirement systems of any municipality of the state, or any special act providing for a police benefit
fund or other retirement system, the survivors of any uniformed or regular member of
a paid fire department or any regular member of a paid police department whose death
has been suffered in the line of duty shall be eligible to receive such survivor benefits
as are provided for in the Workers' Compensation Act, and, in addition, they shall
receive such survivor benefits as may be provided for in the retirement system in which
such department member was a participant at the time of his death; provided such pension
benefits shall be adjusted so that the total weekly benefits received by such survivors
shall not exceed one hundred per cent of the weekly compensation being paid, during
their compensable period, to members of such department in the same position which
was held by such deceased at the time of his death. Nothing contained herein shall
prevent any town, city or borough from paying money from its general fund to any such
survivors, provided total weekly benefits paid shall not exceed said one hundred per
cent of the weekly compensation.
(b) Notwithstanding the provisions of any general statute, charter or special act to
the contrary affecting the noncontributory or contributory retirement systems of any
municipality of the state, or any special act providing for a police or firemen benefit
fund or other retirement system, the cumulative payments, not including payments for
medical care, for compensation and retirement or survivors benefits under section 7-433c shall be adjusted so that the total of such cumulative payments received by such
member or his dependents or survivors shall not exceed one hundred per cent of the
weekly compensation being paid, during their compensable period, to members of such
department in the same position which was held by such member at the time of his death
or retirement. Nothing contained herein shall prevent any town, city or borough from
paying money from its general fund to any such member or his dependents or survivors,
provided the total of such cumulative payments shall not exceed said one hundred per
cent of the weekly compensation.
(1959, P.A. 604; P.A. 77-520, S. 2, 3; P.A. 79-376, S. 12.)
History: P.A. 77-520 added Subsec. (b) for bidding payment of benefits which would exceed 100 per cent of weekly
compensation of workers in same position as member; P.A. 79-376 substituted "workers' compensation" for "workmen's
compensation".
See Sec. 7-323a et seq. re Policemen and Firemen Survivors' Benefit Fund.
Cited. 177 C. 456, 462. Cited. 194 C. 139, 142, 146, 147. Cited. 204 C. 563, 567, 569. Cited. 208 C. 576, 580. Cited.
214 C. 189, 194. Cited. 224 C. 441, 444.
Cited. 2 CA 255, 259. Cited. 12 CA 138, 141, 147. Cited. 26 CA 194, 199.
Subsec. (b):
Cited. 194 C. 139, 146. Cited. 214 C. 181, 184, 187. Ceiling imposed on award of benefits applies at time of retirement.
Id., 189, 191-195. "Weekly compensation" includes overtime as well as base salary. Id., 552-559. "Ceiling" on benefits
applies to total payments composed of heart and hypertension disability payments and retirement pension payments not
related to Sec. 7-433c. 243 C. 747.
Interpretation of the statute focuses on amount of compensation that recipient would have received if he continued
working. 12 CA 138-142, 144 -153. Cited. 26 CA 194, 196. Section not applicable where pension was not awarded under
Sec. 7-433c but was a regular pension for long years of service. 43 CA 773.
Sec. 7-433c. Benefits for policemen or firemen disabled or dead as a result of
hypertension or heart disease. (a) Notwithstanding any provision of chapter 568 or
any other general statute, charter, special act or ordinance to the contrary, in the event
a uniformed member of a paid municipal fire department or a regular member of a paid
municipal police department who successfully passed a physical examination on entry
into such service, which examination failed to reveal any evidence of hypertension or
heart disease, suffers either off duty or on duty any condition or impairment of health
caused by hypertension or heart disease resulting in his death or his temporary or permanent, total or partial disability, he or his dependents, as the case may be, shall receive
from his municipal employer compensation and medical care in the same amount and
the same manner as that provided under chapter 568 if such death or disability was
caused by a personal injury which arose out of and in the course of his employment and
was suffered in the line of duty and within the scope of his employment, and from the
municipal or state retirement system under which he is covered, he or his dependents,
as the case may be, shall receive the same retirement or survivor benefits which would
be paid under said system if such death or disability was caused by a personal injury
which arose out of and in the course of his employment, and was suffered in the line of
duty and within the scope of his employment. If successful passage of such a physical
examination was, at the time of his employment, required as a condition for such employment, no proof or record of such examination shall be required as evidence in the maintenance of a claim under this section or under such municipal or state retirement systems.
The benefits provided by this section shall be in lieu of any other benefits which such
policeman or fireman or his dependents may be entitled to receive from his municipal
employer under the provisions of chapter 568 or the municipal or state retirement system
under which he is covered, except as provided by this section, as a result of any condition
or impairment of health caused by hypertension or heart disease resulting in his death
or his temporary or permanent, total or partial disability. As used in this section, the
term "municipal employer" shall have the same meaning and shall be defined as said
term is defined in section 7-467.
(b) Notwithstanding the provisions of subsection (a) of this section, those persons
who began employment on or after July 1, 1996, shall not be eligible for any benefits
pursuant to this section.
(1971, P.A. 524, S. 1; P.A. 77-520, S. 1, 3; P.A. 92-81, S. 1, 3; P.A. 96-230, S. 2, 3; 96-231, S. 1, 2.)
History: P.A. 77-520 provided that benefits under section be in lieu of others except as specified; P.A. 92-81 added
Subsec. (b) re benefits for police officers and firefighters who begin employment on or after July 1, 1992; P.A. 96-230
amended Subsec. (b) to read "Notwithstanding the provisions of subsection (a) of this section, those persons who began
employment on or after the effective date of this act (July 1, 1996) shall not be eligible for any benefits pursuant to this
section.", effective July 1, 1996; P.A. 96-231 deleted legislative finding from Subsec. (a) and amended Subsec. (b) to read
"Notwithstanding the provisions of subsection (a) of this section, only those persons employed on the effective date of
this act (July 1, 1996) shall be eligible for any benefits provided by this section.", effective July 1, 1996 (Revisor's note:
Pursuant to the provisions of Sec. 2-30b the amendment to Subsec. (b) of this section contained in P.A. 96-231 did not
take effect since it was deemed repealed by the conflicting amendment to said Subsec. (b) contained in P.A. 96-230 which
passed the General Assembly later than P.A. 96-231).
Only procedure mentioned for bringing claims under this section is the Workmen's Compensation Act. 165 C. 615.
This statute serves a public purpose and is constitutional despite its conferring a direct benefit on a certain class of individuals. 168 C. 84. Cited. 177 C. 456, 457, 459-461, 463. Statute is neither a workers' compensation law nor occupational
disease law within meaning of insurance contract. 178 C. 664-674. Workers' compensation statutes are not the exclusive
remedy for injuries arising out of and in the course of employment where injuries claimed are compensable under this
statute. 193 C. 59-64, 67-70. Benefits under this statute may be taken into account in determining maximum amount
payable from pension plan; history and interpretation discussed. 194 C. 139-152. "... Purpose not to remove benefits from
realm of arm's-length collective bargaining but merely to ensure that they are provided for members of police and fire
departments ..." 201 C. 577-580, 584, 587, 588, 590, 591. Cited. 204 C. 563-571. Cited. 207 C. 665, 667-669, 673. Does
not require payment of benefits to estate of a deceased recipient. 208 C. 576, 577, 579-586, 589. Use of words "hypertensive"
and "heart disease" on claim form sufficient to invoke award under this section. 210 C. 423-432. Does not preclude award
of special benefits under Sec. 31-308. 214 C. 181-188. Cited. Id., 189-194. Economic benefits qualified as "compensation"
under this section may include fringe benefits in certain circumstances. Id., 394, 396-399. Cited. Id., 552, 553, 555, 557 -
559. Heart and hypertension act also cited. Id. Cited. 217 C. 50, 52. Heart and hypertension act cited. Id. Cited. 220 C.
721, 730. Cited. 222 C. 62, 68. Cited. 224 C. 441, 443, 445. Cited. 231 C. 287, 299, 300. Benefits awarded under section
are subject to review and modification procedures set forth in the Connecticut Workers' Compensation Act. 252 C. 708.
City employer's right to intervene in employee's negligence action against physician is incorporated into section pursuant
to Sec. 31-293. 253 C. 429. Benefits paid under section are special compensation and not workers' compensation for
purposes of reimbursement from Special Injury Fund pursuant to Sec. 31-306(a)(2)(A) and such a result does not deny
employers a protected property interest without due process of law. 269 C. 763.
Pension benefits payable under the city's ordinances must be reduced by benefits awarded under this statute. 1 CA 58-
63, 65, 66. Purpose of statute is to protect firemen and policemen from economic loss; measure of the loss must be determined
by extent to which claimant is precluded from rejoining work force in his former capacity or any other reasonable occupation
due to his disability. 2 CA 255-260. Benefits not retroactively applied; also not applicable to those no longer in active
service, either on or off duty. 4 CA 226-233. Cited. 6 CA 265-267. Cited. 7 CA 142, 143. Cited. 12 CA 138-144, 148-
150, 152, 153. No requirement than an appointment be "permanent". 13 CA 566, 568, 570, 571. Cited. 17 CA 633-635.
Cited. 21 CA 28, 30. Cited. 26 CA 194-199. In order to be eligible for any benefits for either hypertension or heart disease,
plaintiff must have successfully passed a preemployment physical showing no evidence of either hypertension or heart
disease. 28 CA 754, 756-759. Cited. 34 CA 307, 309, 311, 315. Cited. 37 CA 835-837, 839-845. Without evidence
establishing claimant's injury is result of an occupational disease one-year statute of limitations applies. 38 CA 1-7. Cited.
43 CA 773. Language of statute clearly and unambiguously mandates that for claimant to be foreclosed from the benefits
of the statute, results of the preemployment physical examination must contain evidence of hypertension or heart disease.
56 CA 235. Board incorrectly interpreted Sec. 31-284b as requiring city to continue insurance coverage for plaintiff and
his family once plaintiff's compensation payments under section ended. 61 CA 9. Section demonstrates clear policy of
creating additional benefits for certain classes of disabled municipal employees. 66 CA 105. Member of municipal fire or
police department hired before July 1, 1996, may elect to be covered under either this Sec. or chapter 568. 70 CA 321.
Statute not intended to provide its beneficiaries with dual dollar benefits, but to eliminate two of the basic requirements
for coverage under Workers' Compensation Act, i.e. the causal connection between hypertension and heart disease and
the employment and requirement that the illness was suffered during the course of employment. Id.
Plaintiff not required to assume burden of proving compensability under chapter 568 where he brought action under
both chapter 568 and this statute. 38 CS 359, 361-363. Town must have organized police department under Sec. 7-274 in
order for this statute to be operative. Id., 419-421. Cited. 39 CS 321-325. Claims under this statute are subject to procedural
requirements of Workers' Compensation Act. Id., 403-407.
Subsec. (a):
Benefits may not be awarded concurrently. 57 CA 472.
Sec. 7-433d. Injury or death of fireman while engaged in fire duties with another company. Any uniformed member of a paid fire department who offers his services to an officer or person in charge of another fire company which is actively engaged
in fire duties, and whose services are accepted by such officer or person, shall be entitled
to receive benefits under chapter 568, and under the contributory or noncontributory
retirement system of the municipality for which such services were performed, in the
event of his injury or death arising out of such services, as if he were a member of the
fire department of such municipality.
(1971, P.A. 520.)
Sec. 7-434. Continuity of service. Periods of absence of not more than ninety days
in any one calendar year shall not be considered as breaking continuity of service. Periods
of absence of more than ninety days by reason of a leave of absence granted by the
appropriate authority of the municipality or where the absence is occasioned by disability
necessitating the regular attendance of a physician, unless such attendance is declared
unnecessary by medical authority satisfactory to the Retirement Commission, or by
reason of layoff, shall not be considered as breaking continuity of service, but such
periods shall not be included in determining the amount of the retirement allowance.
Any member who entered any branch of the armed forces of the United States between
September 16, 1940, and July 26, 1945, or who enters any of said services while the
United States is at war, or engaged in any hostilities or during times of national emergency, whether declared or undeclared, or any acts incident thereto, and who is reemployed by the municipality within six months following the termination of such service,
unless this period is further extended by reason of disability incurred in the course of
such service, shall be credited with the period of such service to the same extent as
though he had been continuously employed by the municipality and shall be considered
to have made the contributions required by this part based on his regular rate of pay at
the time of the commencement of such service. The period of service of any member
as a full-time employee of any municipality merged or consolidated either before or
after the acceptance of this part with a participating municipality shall be counted for
the purpose of qualifying such member for retirement and for the purpose of computing
the amount of his retirement allowance, provided such combined services shall have
been continuous as defined above.
(1949 Rev., S. 890; 1967, P.A. 853; P.A. 84-106, S. 1.)
History: 1967 act qualified members joining armed forces when country is "engaged in any hostilities or during times
of national emergency", etc. for credit for service; P.A. 84-106 provided that absence from employment by reason of layoff
shall not be considered a break in the continuity of service of the member.
See Sec. 7-425 for applicable definitions.
Sec. 7-434a. Continuation of membership during service as elected official.
Any member of the municipal employees' retirement system elected to serve as an
official of the state or any political subdivision of the state during the 1988 calendar
year or thereafter may elect, during the time he so serves, but no longer than ten years,
to continue his membership in said system. Any such member shall continue to make
contributions to said system and shall be ineligible for membership in any other state
or municipal retirement system during such time.
(P.A. 90-308, S. 13, 15.)
Sec. 7-435. Retirement benefits for members of fund A. Section 7-435 is repealed.
(1949 Rev., S. 891; 1957, P.A. 447, S. 6; 1959, P.A. 471, S. 1; 1967, P.A. 547, S. 2; 1971, P.A. 644, S. 1; P.A. 79-376,
S. 13; P.A. 84-106, S. 2; P.A. 93-356, S. 15.)
Sec. 7-436. Retirement benefits for members of fund B. Monthly allowance
for Old Age and Survivors Insurance System members. (a) After retirement, in accordance with the provisions of this part, each member of fund B shall receive, during
his lifetime, a retirement allowance payable in monthly installments at an annual rate
equal to the sum of (1) and (2) as follows: (1) To the extent that his average annual rate
of pay for the last ten years of service, including service credited under the provisions
of sections 7-442a and 7-442b, is derived from pay with respect to which contributions
have been deducted under section 7-453 or would have been deducted had such member
been included in such system during the entire ten years, one-twelfth of one and one-sixth per cent of such average annual pay, multiplied by the number of months of his
service; (2) to the extent that his average annual rate of pay for the three highest-paid
years of service exceeds the average obtained in subdivision (1), one-twelfth of two per
cent of such average annual pay, multiplied by the number of months of his service;
provided such allowance for permanent and total disability arising out of and in the
course of his employment, as defined in the Workers' Compensation Act, shall not be
less than one-twelfth of one-half of the member's annual pay at the time his disability
was incurred. Any amount or amounts received under the Workers' Compensation Act
shall be deducted from such allowance, except that any member who has received a
specific indemnity award under section 31-307 or 31-308 shall not have the amount of
such indemnity award deducted from his allowance. The retirement allowance herein
provided shall be reduced by the amount of any retirement allowance concurrently payable under the provisions of section 7-431, and by the amount of any retirement allowance concurrently payable by the state employees' retirement system or the retirement
system of any municipality not participating under the provisions of this part, on account
of a period of service for which credit has been transferred to the Municipal Employees'
Retirement Fund under the provisions of section 7-442b, or the monthly equivalent
thereof if payable other than monthly. No retirement allowances under this section,
before the reduction prescribed in the preceding sentence plus workers' compensation
payments and benefits under the Old Age and Survivors Insurance System on account of
service in a participating municipality, if any, shall exceed one-twelfth of the member's
average annual pay during the three highest-paid years of municipal service, and, subject
to the foregoing maximum limit, no such allowance plus payments shall be less than
one thousand dollars annually.
(b) Each employee or spouse of a deceased employee retired under the Municipal
Employees' Retirement Act Fund B prior to July 1, 1971, shall be entitled, in addition
to his original monthly retirement allowance, to an additional cost of living monthly
allowance computed on the basis of his monthly retirement allowance, less any prior
cost of living increases to which he was previously entitled, using the table in subdivision
(1) of this section.
(1) Such cost of living allowances shall commence on July 1, 1973, and shall be
computed at the rates set forth in the following table:
Fiscal Year
of Retirement Year
Ending June 30th |
Rates %
of Increase |
| 1949 | 40.0 |
| 1950 | 42.7 |
| 1951 | 41.2 |
| 1952 | 33.9 |
| 1953 | 30.9 |
| 1954 | 30.4 |
| 1955 | 30.0 |
| 1956 | 30.4 |
| 1957 | 28.3 |
| 1958 | 24.8 |
| 1959 | 21.9 |
| 1960 | 21.1 |
| 1961 | 19.5 |
| 1962 | 18.1 |
| 1963 | 16.8 |
| 1964 | 15.1 |
| 1965 | 14.6 |
| 1966 | 14.1 |
| 1967 | 12.9 |
| 1968 | 6.0 |
| 1969 | 4.0 |
| 1970 | 4.0 |
| 1971 | 4.0 |
(2) The limitation of the maximum retirement allowance provided in subsection
(a) shall not be applicable to increases under this subsection.
(c) Each retired member of fund B shall have his allowance increased to the
amount which would be payable based on his annual rate of pay for the three highest-paid years of service.
(d) For purposes of determining eligibility for retirement benefits for part-time
employees under this section, a member's part-time service shall be 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 municipal service, such member's
service shall be treated as full-time service. 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. As used in this subsection, "part-time service" means service by a member who customarily works less than a full-time schedule but no less than twenty hours per week.
(e) On and after January 1, 2002, the following formula shall be used for the
purpose of calculating the monthly allowance of each member covered by the Old
Age and Survivors Insurance System on the first of the month after such member
becomes eligible for Social Security or until such member qualifies for a Social
Security disability award, if earlier: One-twelfth of one and one-half per cent of such
member's final average pay up to the breakpoint for the year in which such member
separated from service plus two per cent of such member's final average pay in
excess of the breakpoint for the year in which such member separated from service,
multiplied by such member's years of retirement credit and fractions thereof. Such
allowance shall be reduced in recognition of any optional form of retirement income
elected in accordance with section 7-439g. For the purposes of this subsection,
"breakpoint" has the same meaning as "year's breakpoint" in subsection (a) of section
5-192f.
(1957, P.A. 447, S. 7; 1959, P.A. 316; 471, S. 2; 1967, P.A. 547, S. 1; 722, S. 1; 1969, P.A. 406; 1971, P.A. 644, S. 2;
P.A. 73-619, S. 1, 3; P.A. 75-293, S. 5; P.A. 76-314; P.A. 77-102, S. 1, 2; P.A. 79-376, S. 14; P.A. 84-106, S. 3; P.A. 86-243, S. 1, 10; P.A. 93-356, S. 6; P.A. 01-80, S. 3.)
History: 1959 acts provided for computation of retirement benefits on basis of five highest-paid years of municipal
service rather than five years immediately preceding retirement and included benefits under old age and survivors insurance
system in restriction on maximum allowance payable; 1967 acts based calculations on three highest-paid years rather than
five highest-paid years and added provision concerning benefits for fund B members retired before January 1, 1960; 1969
act deleted provisions concerning temporary retirement allowances; 1971 act simplified description of formula; P.A. 73-619 added Subsecs. (b) and (c) re cost-of-living increases and benefits for retirees whose municipalities later join fund B;
P.A. 75-293 replaced "three highest-paid years of service" in Subdiv. (1) with "last ten years of service"; P.A. 76-314
amended Subsec. (c) to include members of fund B as well as retirees whose municipality transfers to fund B and added
reference to Sec. 7-436a; P.A. 77-102 amended Subsec. (a) replacing "is not so derived" with "exceeds the average obtained
in Subdivision (1)"; P.A. 79-376 substituted "workers' compensation" for "workmen's compensation"; P.A. 84-106
amended Subsec. (a) to provide that any workers' compensation specific indemnity award shall not be deducted from the
member's retirement allowance; P.A. 86-243 amended Subsec. (a) to equalize the percentage of pay used to calculate
benefits for all service years and to provide that a member's retirement allowance, plus workers' compensation and Social
Security benefits, may not exceed one hundred per cent, instead of seventy-five per cent, of his average annual pay and
added Subsec. (d), establishing how part-time service shall be treated for benefit eligibility and calculation purposes; P.A.
93-356 amended Subsec. (c) to exclude retirees whose municipality transfers to fund B; P.A. 01-80 added new Subsec. (e)
re formula for calculating the monthly allowance of each member covered by the Old Age and Survivors Insurance System.
Does not apply to pensions derived from other than Municipal Employees' Retirement Act benefits. 175 C. 174, 175,
176, 181. Cited. 178 C. 23, 24.
Subsec. (a):
Where retirement is based on age and length of employment benefits should not have been reduced by amount of
workers' compensation award received for an injury. 178 C. 23, 25, 26, 30-32.
Sec. 7-436a. Exclusion of period when service was eligible for special act pension system in computation of retirement credit. Inclusion of certain periods of
such service. (a) Except as provided in subsection (b) of this section, in computing the
length of service for municipal retirement in accordance with the provisions of section
7-436, no period of employment during which a member was eligible for membership
in any pension system established by or under the authority of any special act shall be
counted as service with respect to the computation of his retirement allowance.
(b) A member may receive retirement credit for a period of employment described
in subsection (a) of this section if (1) such member is not receiving or entitled to receive
a retirement benefit based on such employment, (2) such employment was in a municipality or department for which participation under this part has subsequently been accepted and (3) such member contributes an amount determined by the Retirement Commission to be necessary to fund any increase in benefits resulting from receipt of such
credit to the Municipal Employees' Retirement Fund.
(1959, P.A. 238; P.A. 80-100, S. 1; P.A. 93-356, S. 7.)
History: P.A. 80-100 added Subsec. (b) re credit for period of employment during which membership in system established under special act was held; P.A. 93-356 amended Subsec. (a) to delete reference to Sec. 7-435 re computation of
retirement credit for fund A members.
Sec. 7-436b. Credit for military service for members of fund B. (a) Any member
of fund B of the municipal employees' retirement system, who, prior to such member's
date of employment with a municipality that is participating in said fund B, served in
any branch of the armed forces of the United States during the times set forth in section
27-103 shall be credited with the period of such service to the extent that such member
makes contributions to said fund for all or any part of the period of such service, except
that any veteran who becomes a member on or after October 1, 1984, shall not receive
credit for such war service if such member has received or is entitled to receive any
retirement allowance for the same years of service from the federal government. Such
contributions shall be computed at a rate of two per cent of such member's first year's
salary as such employee, with interest at five per cent per annum, payable within one
year of such employment, or on or before January 1, 1992, whichever is later, provided
such contributions are made prior to the date of retirement. The period of such service
for which contributions to said fund are made shall be counted for the purpose of computing the amount of such member's retirement allowance, provided such member shall
have completed five years of continuous service or fifteen years of active aggregate
service with a participating municipality or shall be retired prior thereto due to disability
incurred in the course of employment. Any member who purchases credit pursuant to
this section and who later receives a retirement allowance for permanent and total disability under this part shall, upon written request, be refunded all such contributions
paid under this section, provided such military service credit did not serve to increase
the amount of disability retirement benefits for which such member was eligible.
(b) Notwithstanding the provisions of subsection (a) of this section, the municipal
employer of any member who applies on or after July 1, 1986, for such military service
credit shall pay all contributions required under said subsection which are attributable
to that portion of the member's military service time during which he was a prisoner of
war, provided such member submits with his application for such credit sufficient proof
from the Veterans' Administration of the United States that he is a former prisoner of war.
Any municipal employer which pays the contributions required under this subsection for
a member who later receives a retirement allowance for permanent and total disability
under this part shall, upon its written request, be refunded all such contributions paid
under this subsection, provided such military service credit did not serve to increase the
amount of disability retirement benefits for which the member was eligible.
(1969, P.A. 770; P.A. 75-293, S. 3; P.A. 83-16; P.A. 84-106, S. 4; 84-157, S. 1; P.A. 86-243, S. 8, 10; P.A. 88-141;
88-149, S. 1, 5; P.A. 91-213, S. 1, 8; P.A. 01-80, S. 8.)
History: P.A. 75-293 replaced requirement for twenty-five years of employment with requirement for ten years' continuous service or fifteen years' active aggregate service; P.A. 83-16 extended the time period for the purchase of military
service credit to October 1, 1984, or within one year of employment, whichever is later and specified that contributions
must be made prior to retirement date; P.A. 84-106 provided that veterans who become members on or after October 1,
1984, shall not receive war service credit if they are otherwise eligible for retirement benefits from the federal government
for such service years; P.A. 84-157 provided that a