PART I
PROBATE COURTS IN GENERAL
Sec. 45a-1. (Formerly Sec. 45-2a). "District" defined. As used in sections 45a-1 to 45a-12, inclusive, 45a-18 to 45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62
to 45a-68, inclusive, 45a-74 to 45a-83, inclusive, 45a-90 to 45a-94, inclusive, 45a-98,
45a-99, 45a-105, 45a-119 to 45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133,
45a-199 and 45a-202, "district" means probate district.
(P.A. 80-476, S. 1.)
History: Sec. 45-2a transferred to Sec. 45a-1 in 1991.
Sec. 45a-2. (Formerly Sec. 45-1). *(See end of section for amended version of
subsection (f) and effective date.) Probate districts. The probate districts of the state,
for all purposes for which they were constituted, shall be as follows:
(a) Hartford County
The district of Hartford, consisting of the town of Hartford.
The district of Avon, consisting of the town of Avon.
The district of Berlin, consisting of the towns of Berlin and New Britain.
The district of Bloomfield, consisting of the town of Bloomfield.
The district of Bristol, consisting of the town of Bristol.
The district of Burlington, consisting of the town of Burlington.
The district of Canton, consisting of the town of Canton.
The district of East Granby, consisting of the town of East Granby.
The district of East Hartford, consisting of the town of East Hartford.
The district of East Windsor, consisting of the towns of East Windsor and South
Windsor.
The district of Enfield, consisting of the town of Enfield.
The district of Farmington, consisting of the town of Farmington.
The district of Glastonbury, consisting of the town of Glastonbury.
The district of Granby, consisting of the town of Granby.
The district of Manchester, consisting of the town of Manchester.
The district of Marlborough, consisting of the town of Marlborough.
The district of Newington, consisting of the towns of Newington, Rocky Hill and
Wethersfield.
The district of Plainville, consisting of the town of Plainville.
The district of Simsbury, consisting of the town of Simsbury.
The district of Southington, consisting of the town of Southington.
The district of Suffield, consisting of the town of Suffield.
The district of West Hartford, consisting of the town of West Hartford.
The district of Windsor, consisting of the town of Windsor.
The district of Windsor Locks, consisting of the town of Windsor Locks.
(b) New Haven County
The district of New Haven, consisting of the town of New Haven.
The district of Bethany, consisting of the town of Bethany.
The district of Branford, consisting of the town of Branford.
The district of Cheshire, consisting of the towns of Cheshire and Prospect.
The district of Derby, consisting of the towns of Derby, Ansonia and Seymour.
The district of East Haven, consisting of the town of East Haven.
The district of Guilford, consisting of the town of Guilford.
The district of Hamden, consisting of the town of Hamden.
The district of Madison, consisting of the town of Madison.
The district of Meriden, consisting of the town of Meriden.
The district of Milford, consisting of the town of Milford.
The district of Naugatuck, consisting of the towns of Naugatuck and Beacon Falls.
The district of North Branford, consisting of the town of North Branford.
The district of North Haven, consisting of the town of North Haven.
The district of Orange, consisting of the town of Orange.
The district of Oxford, consisting of the town of Oxford.
The district of Southbury, consisting of the town of Southbury.
The district of Wallingford, consisting of the town of Wallingford.
The district of Waterbury, consisting of the towns of Waterbury, Middlebury and
Wolcott.
The district of West Haven, consisting of the town of West Haven.
The district of Woodbridge, consisting of the town of Woodbridge.
(c) New London County
The district of New London, consisting of the towns of New London and Waterford.
The district of Norwich, consisting of the towns of Norwich, Franklin, Lisbon, Preston, Sprague and Voluntown.
The district of Bozrah, consisting of the town of Bozrah.
The district of Colchester, consisting of the towns of Colchester and Lebanon.
The district of East Lyme, consisting of the town of East Lyme.
The district of Griswold, consisting of the town of Griswold.
The district of Groton, consisting of the town of Groton.
The district of Ledyard, consisting of the town of Ledyard.
The district of Lyme, consisting of the town of Lyme.
The district of Montville, consisting of the town of Montville.
The district of North Stonington, consisting of the town of North Stonington.
The district of Old Lyme, consisting of the town of Old Lyme.
The district of Salem, consisting of the town of Salem.
The district of Stonington, consisting of the town of Stonington.
(d) Fairfield County
The district of Bridgeport, consisting of the town of Bridgeport.
The district of Danbury, consisting of the town of Danbury.
The district of Bethel, consisting of the town of Bethel.
The district of Brookfield, consisting of the town of Brookfield.
The district of Darien, consisting of the town of Darien.
The district of Fairfield, consisting of the town of Fairfield.
The district of Greenwich, consisting of the town of Greenwich.
The district of New Canaan, consisting of the town of New Canaan.
The district of New Fairfield, consisting of the towns of New Fairfield and Sherman.
The district of Newtown, consisting of the town of Newtown.
The district of Norwalk, consisting of the towns of Norwalk and Wilton.
The district of Redding, consisting of the town of Redding.
The district of Ridgefield, consisting of the town of Ridgefield.
The district of Shelton, consisting of the town of Shelton.
The district of Stamford, consisting of the town of Stamford.
The district of Stratford, consisting of the town of Stratford.
The district of Trumbull, consisting of the towns of Trumbull, Easton and Monroe.
The district of Westport, consisting of the towns of Westport and Weston.
(e) Windham County
The district of Windham, consisting of the towns of Windham and Scotland.
The district of Ashford, consisting of the town of Ashford.
The district of Brooklyn, consisting of the town of Brooklyn.
The district of Eastford, consisting of the towns of Eastford and Chaplin.
The district of Hampton, consisting of the town of Hampton.
The district of Killingly, consisting of the town of Killingly.
The district of Plainfield, consisting of the towns of Plainfield, Canterbury and
Sterling.
The district of Pomfret, consisting of the town of Pomfret.
The district of Putnam, consisting of the town of Putnam.
The district of Thompson, consisting of the town of Thompson.
The district of Woodstock, consisting of the town of Woodstock.
*(f) Litchfield County
The district of Litchfield, consisting of the towns of Litchfield, Morris and Warren.
The district of Canaan, consisting of the towns of Canaan and North Canaan.
The district of Cornwall, consisting of the town of Cornwall.
The district of Harwinton, consisting of the town of Harwinton.
The district of Kent, consisting of the town of Kent.
The district of New Milford, consisting of the towns of New Milford and Bridgewater.
The district of Norfolk, consisting of the town of Norfolk.
The district of Plymouth, consisting of the town of Plymouth.
The district of Roxbury, consisting of the town of Roxbury.
The district of Salisbury, consisting of the town of Salisbury.
The district of Sharon, consisting of the town of Sharon.
The district of Thomaston, consisting of the town of Thomaston.
The district of Torrington, consisting of the towns of Torrington and Goshen.
The district of Washington, consisting of the town of Washington.
The district of Winchester, consisting of the towns of Winchester and Colebrook.
The district of Woodbury, consisting of the towns of Woodbury, Bethlehem and Watertown.
(g) Middlesex County
The district of Middletown, consisting of the towns of Middletown, Cromwell, Durham and Middlefield.
The district of Clinton, consisting of the town of Clinton.
The district of Deep River, consisting of the town of Deep River.
The district of East Haddam, consisting of the town of East Haddam.
The district of East Hampton, consisting of the town of East Hampton.
The district of Essex, consisting of the town of Essex.
The district of Haddam, consisting of the town of Haddam.
The district of Killingworth, consisting of the town of Killingworth.
The district of Old Saybrook, consisting of the town of Old Saybrook.
The district of Portland, consisting of the town of Portland.
The district of Saybrook, consisting of the town of Chester.
The district of Westbrook, consisting of the town of Westbrook.
(h) Tolland County
The district of Tolland, consisting of the towns of Tolland and Willington.
The district of Andover, consisting of the towns of Andover, Bolton and Columbia.
The district of Ellington, consisting of the towns of Ellington and Vernon.
The district of Hebron, consisting of the town of Hebron.
The district of Mansfield, consisting of the towns of Coventry and Mansfield.
The district of Stafford, consisting of the towns of Stafford, Somers and Union.
(i) Litchfield and Hartford Counties
The district of New Hartford, consisting of the towns of New Hartford, Barkhamsted
and Hartland.
(1949 Rev., S. 6810; 1953, S. 2892d; 1957, P.A. 8; 1959, P.A. 336, S. 1, 2; February, 1965, P.A. 483, S. 1, 2; P.A. 75-567, S. 24, 80; P.A. 78-247, S. 2, 3; P.A. 80-476, S. 3; P.A. 82-4, S. 1, 3; P.A. 85-186, S. 1; P.A. 87-581, S. 1, 3; P.A. 96-60, S. 1, 3; P.A. 98-1, S. 1, 4; P.A. 02-2, S. 1; 02-5, S. 1.)
*Note: On and after January 3, 2007, subsection (f) of this section, as amended by
section 1 of public act 04-19, is to read as follows:
"(f) Litchfield County
The district of Litchfield, consisting of the towns of Litchfield, Morris and Warren.
The district of Harwinton, consisting of the town of Harwinton.
The district of Kent, consisting of the town of Kent.
The district of New Milford, consisting of the towns of New Milford and Bridgewater.
The district of Norfolk, consisting of the town of Norfolk.
The district of the Northwest Corner, consisting of the towns of Canaan, Cornwall,
North Canaan, Salisbury and Sharon.
The district of Plymouth, consisting of the town of Plymouth.
The district of Roxbury, consisting of the town of Roxbury.
The district of Thomaston, consisting of the town of Thomaston.
The district of Torrington, consisting of the towns of Torrington and Goshen.
The district of Washington, consisting of the town of Washington.
The district of Winchester, consisting of the towns of Winchester and Colebrook.
The district of Woodbury, consisting of the towns of Woodbury, Bethlehem and Watertown."
(1949 Rev., S. 6810; 1953, S. 2892d; 1957, P.A. 8; 1959, P.A. 336, S. 1, 2; February, 1965, P.A. 483, S. 1, 2; P.A. 75-567, S. 24, 80; P.A. 78-247, S. 2, 3; P.A. 80-476, S. 3; P.A. 82-4, S. 1, 3; P.A. 85-186, S. 1; P.A. 87-581, S. 1, 3; P.A. 96-60, S. 1, 3; P.A. 98-1, S. 1, 4; P.A. 02-2, S. 1; 02-5, S. 1; P.A. 04-19, S. 1.)
History: 1959 act created probate district of Windsor Locks, amending probate district of Hartford accordingly; 1965
act created probate district of Southbury, amending probate district of Woodbury accordingly; P.A. 75-567 created probate
districts of Glastonbury and Newington, amending probate district of Hartford accordingly, created probate district of
Orange, amending probate district of New Haven accordingly, and created district of New Fairfield; P.A. 78-247 created
probate district of Griswold, amending probate district of Norwich accordingly; P.A. 80-476 added Subsec. indicators;
P.A. 82-4 amended Subsec. (a) to establish the probate district of West Hartford, consisting of West Hartford and Bloomfield
(previously in probate district of Hartford); P.A. 85-186 created probate district of Woodbridge, amending probate district
of New Haven accordingly; P.A. 87-581 added the probate district of Bloomfield, consisting of the town of Bloomfield
and eliminated the town of Bloomfield from the probate district of West Hartford, effective January 9, 1991; Sec. 45-1
transferred to Sec. 45a-2 in 1991; P.A. 96-60 amended Subsec. (e) by eliminating the probate district of Chaplin and
including the town of Chaplin in the probate district of Eastford, effective January 6, 1999; P.A. 98-1 amended Subsec.
(h) merging the probate district of Coventry into the probate district of Mansfield and merging the probate district of
Somers into the probate district of Stafford, effective January 6, 1999; P.A. 02-2 amended Subsecs. (a) and (f) and added
Subsec. (i) merging the probate districts of Barkhamsted and Hartland into the probate district of New Hartford, effective
January 8, 2003; P.A. 02-5 amended Subsec. (c) merging the probate district of Lebanon into the probate district of
Colchester, amended Subsec. (d) merging the probate district of Sherman into the probate district of New Fairfield, amended
Subsec. (e) merging the probate districts of Canterbury and Sterling into the probate district of Plainfield and amended
Subsec. (f) merging the probate district of Watertown into the probate district of Woodbury, effective January 8, 2003;
P.A. 04-19 amended Subsec. (f) by merging the probate districts of Canaan, Cornwall, Salisbury and Sharon into the
probate district of the Northwest Corner, effective January 3, 2007.
Sec. 45a-3. (Formerly Sec. 45-1d). Probate district of Griswold established.
The town of Griswold shall, on and after the first Wednesday following the first Monday
of January, 1979, constitute a probate district by the name of the probate district of
Griswold. In 1978, and quadrennially thereafter, a judge of probate for said district shall
be elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
1979, the probate court for the district of Griswold, shall have the jurisdiction of all
probate business arising in the town of Griswold, but all business previously entered or
begun in the probate court for the district of Norwich shall be completed in the same
manner as if this section had not been passed.
(P.A. 78-247, S. 1, 3; P.A. 03-19, S. 90.)
History: Sec. 45-1d transferred to Sec. 45a-3 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-4. (Formerly Sec. 45-1e). Probate district of West Hartford established. The towns of West Hartford and Bloomfield shall, on and after the first Wednesday following the first Monday of January, 1983, constitute a probate district by the
name of the probate district of West Hartford. In 1982, and quadrennially thereafter, a
judge of probate for said district shall be elected at the time and in the manner provided
by law for the election of judges of probate. From and after the first Wednesday following
the first Monday of January, 1983, the probate court for the district of West Hartford
shall have the jurisdiction of all probate business arising in the towns of West Hartford
and Bloomfield, but all business previously entered or begun in the probate court for
the district of Hartford shall be completed in the same manner as if this section had not
been passed.
(P.A. 82-4, S. 2, 3; P.A. 03-19, S. 91.)
History: Sec. 45-1e transferred to Sec. 45a-4 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-5. (Formerly Sec. 45-1f). Probate district of Woodbridge established.
The town of Woodbridge shall, on and after the first Wednesday following the first
Monday of January, 1987, constitute a probate district by the name of the probate district
of Woodbridge. In 1986, and quadrennially thereafter, a judge of probate for said district
shall be elected at the time and in the manner provided by law for the election of judges
of probate. From and after the first Wednesday following the first Monday of January,
1987, the probate court for the district of Woodbridge shall have the jurisdiction of all
probate business arising in the town of Woodbridge, but all business previously entered
or begun in the probate court for the district of New Haven shall be completed in the
same manner as if this section had not been passed.
(P.A. 85-186, S. 2; P.A. 03-19, S. 92.)
History: Sec. 45-1f transferred to Sec. 45a-5 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-6. (Formerly Sec. 45-1g). Probate district of Bloomfield established.
The town of Bloomfield shall, on and after the first Wednesday following the first
Monday of January, 1991, constitute a probate district by the name of the probate district
of Bloomfield. In 1990, and quadrennially thereafter, a judge of probate for said district
shall be elected at the time and in the manner provided by law for the election of judges
of probate. From and after the first Wednesday following the first Monday of January,
1991, the probate court for the district of Bloomfield shall have the jurisdiction of all
probate business arising in the town of Bloomfield, but all business previously entered
or begun in the probate court for the district of West Hartford shall be completed in the
same manner as if this section had not been passed.
(P.A. 87-581, S. 2; P.A. 03-19, S. 93.)
History: Sec. 45-1g transferred to Sec. 45a-6 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-6a. Probate district of Eastford established. The towns of Chaplin and
Eastford shall, on and after the first Wednesday following the first Monday of January,
1999, constitute a probate district by the name of the probate district of Eastford. In
1998, and quadrennially thereafter, a judge of probate for said district shall be elected
at the time and in the manner provided by law for the election of judges of probate.
From and after the first Wednesday following the first Monday of January, 1999, the
probate court for the district of Eastford shall have the jurisdiction of all probate business
arising in the towns of Chaplin and Eastford.
(P.A. 96-60, S. 2; P.A. 03-19, S. 94.)
History: P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-6b. Probate district of Stafford established. The towns of Stafford,
Somers and Union shall, on and after the first Wednesday following the first Monday
of January, 1999, constitute a probate district by the name of the probate district of
Stafford. In 1998, and quadrennially thereafter, a judge of probate for said district shall
be elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
1999, the probate court for the district of Stafford shall have the jurisdiction of all probate
business arising in the towns of Stafford, Somers and Union.
(P.A. 98-1, S. 2, 4; P.A. 03-19, S. 95.)
History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-6c. Probate district of Mansfield established. The towns of Coventry
and Mansfield shall, on and after the first Wednesday following the first Monday of
January, 1999, constitute a probate district by the name of the probate district of Mansfield. In 1998, and quadrennially thereafter, a judge of probate for said district shall be
elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
1999, the probate court for the district of Mansfield shall have the jurisdiction of all
probate business arising in the towns of Coventry and Mansfield.
(P.A. 98-1, S. 3, 4; P.A. 03-19, S. 96.)
History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003.
Sec. 45a-6d. Probate district of New Hartford established. The towns of New
Hartford, Barkhamsted and Hartland shall, on and after the first Wednesday following
the first Monday of January, 2003, constitute a probate district by the name of the probate
district of New Hartford. In 2002, and quadrennially thereafter, a judge of probate for
said district shall be elected at the time and in the manner provided by law for the election
of judges of probate. From and after the first Wednesday following the first Monday of
January, 2003, the probate court for the district of New Hartford shall have the jurisdiction of all probate business arising in the towns of New Hartford, Barkhamsted and
Hartland.
(P.A. 02-2, S. 2; P.A. 03-19, S. 97.)
History: P.A. 02-2 effective February 28, 2002; P.A. 03-19 made a technical change, effective May 12, 2003.
Sec. 45a-6e. Probate district of Woodbury established. The towns of Woodbury, Bethlehem and Watertown shall, on and after the first Wednesday following the
first Monday of January, 2003, constitute a probate district by the name of the probate
district of Woodbury. In 2002, and quadrennially thereafter, a judge of probate for said
district shall be elected at the time and in the manner provided by law for the election
of judges of probate. From and after the first Wednesday following the first Monday of
January, 2003, the probate court for the district of Woodbury shall have the jurisdiction
of all probate business arising in the towns of Woodbury, Bethlehem and Watertown.
(P.A. 02-5, S. 2.)
History: P.A. 02-5 effective March 25, 2002.
Sec. 45a-6f. Probate district of New Fairfield established. The towns of New
Fairfield and Sherman shall, on and after the first Wednesday following the first Monday
of January, 2003, constitute a probate district by the name of the probate district of New
Fairfield. In 2002, and quadrennially thereafter, a judge of probate for said district shall
be elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
2003, the probate court for the district of New Fairfield shall have the jurisdiction of
all probate business arising in the towns of New Fairfield and Sherman.
(P.A. 02-5, S. 3.)
History: P.A. 02-5 effective March 25, 2002.
Sec. 45a-6g. Probate district of Plainfield established. The towns of Plainfield,
Canterbury and Sterling shall, on and after the first Wednesday following the first Monday of January, 2003, constitute a probate district by the name of the probate district of
Plainfield. In 2002, and quadrennially thereafter, a judge of probate for said district shall
be elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
2003, the probate court for the district of Plainfield shall have the jurisdiction of all
probate business arising in the towns of Plainfield, Canterbury and Sterling.
(P.A. 02-5, S. 4.)
History: P.A. 02-5 effective March 25, 2002.
Sec. 45a-6h. Probate district of Colchester established. The towns of Colchester
and Lebanon shall, on and after the first Wednesday following the first Monday of
January, 2003, constitute a probate district by the name of the probate district of Colchester. In 2002, and quadrennially thereafter, a judge of probate for said district shall be
elected at the time and in the manner provided by law for the election of judges of
probate. From and after the first Wednesday following the first Monday of January,
2003, the probate court for the district of Colchester shall have the jurisdiction of all
probate business arising in the towns of Colchester and Lebanon.
(P.A. 02-5, S. 5.)
History: P.A. 02-5 effective March 25, 2002.
Sec. 45a-6i. Probate district of the Northwest Corner established. The towns
of Canaan, Cornwall, North Canaan, Salisbury and Sharon shall, on and after the first
Wednesday following the first Monday of January, 2007, constitute a probate district
by the name of the probate district of the Northwest Corner. In 2006, and quadrennially
thereafter, a judge of probate for said district shall be elected at the time and in the
manner provided by law for the election of judges of probate. From and after the first
Wednesday following the first Monday of January, 2007, the probate court for the district
of the Northwest Corner shall have the jurisdiction of all probate business arising in the
towns of Canaan, Cornwall, North Canaan, Salisbury and Sharon.
(P.A. 04-19, S. 2.)
History: P.A. 04-19 effective April 16, 2004.
Sec. 45a-7. (Formerly Sec. 45-3). Where court held. A court of probate may be
held in any town in the district.
(1949 Rev., S. 6812.)
History: Sec. 45-3 transferred to Sec. 45a-7 in 1991.
Sec. 45a-8. (Formerly Sec. 45-12). Probate Court facilities. Minimum standards. Failure to provide suitable facilities. Consolidation, separation and creation
of probate districts. (a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section. If a probate
district consists of more than one town, the expense shall be allocated to the towns in
proportion to their grand lists last perfected. Such court facilities shall include: (1) Office
space appropriate for the conduct of judicial business, including (A) a room for the judge
of probate sufficient in size for ordinary matters in which judicial proceedings may be
conducted in private, (B) a separate room for the court staff, and (C) on a prearranged
basis, access to a larger hearing room for the conduct of unusually large court hearings;
(2) furniture and furnishings appropriate to a court facility; (3) use and maintenance of
a copying machine and the necessary supplies; (4) use and maintenance of microfilming
equipment and the necessary supplies, including record books or the equipment to produce records; (5) the necessary stationery, postage and other related supplies in order
that the court may properly carry out its duties; (6) typing equipment with which to
complete the necessary records; (7) basic telephone service, which shall include all local
calls; (8) if a court is computerized, a dedicated telephone line and maintenance of
the computer equipment; and (9) adequate liability, fire, loss, theft and replacement
insurance on the furniture, furnishings, equipment, court facilities and the records of
the court.
(b) If a town or towns comprising a probate district and the responsible municipal
official or officials within such probate district fail to provide the court facilities required
by subsection (a) of this section, the Probate Court Administrator shall offer in writing
to meet with the judge of probate of the district and the responsible official or officials
to discuss such court facilities. After discussion and consideration of the circumstances
of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.
(c) If suitable court facilities are not provided in accordance with subsection (a) or
(b) of this section: (1) The Probate Court Administrator shall submit a report to the joint
standing committee of the General Assembly having cognizance of matters relating to
the judiciary concerning the failure of the probate district to provide the required court
facilities, together with a recommendation that the probate district be abolished as a
separate district and be consolidated with a contiguous district where suitable court
facilities can be provided; or (2) if, in the opinion of the Probate Court Administrator,
abolition of the district is not in the public interest and judicial action is necessary to
enforce the provision of suitable court facilities, the Probate Court Administrator shall
bring an action in the Superior Court to enforce the requirements for the provision of
suitable court facilities.
(d) Any town located in a probate district that desires to (1) consolidate such probate
district with one or more districts, (2) be removed from such probate district to a separate
district established for any such town, or (3) be located in another probate district, may,
by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court
Administrator shall provide such assistance in the preparation of the petition as the
officials of the town or towns may request. At the time of submission of a petition to
the General Assembly, a copy of the petition shall be sent to the judges of probate in
the probate districts to be affected. No probate district may be consolidated with another
district until the expiration of the term of office of any probate judge in an affected
probate district.
(e) Each judge of probate shall provide suitable records and supplies, in accordance
with subsection (a) of this section, for the court in the judge's district. The judge of
probate shall cause a complete record to be made of all orders passed by such court and
of all wills, inventories, distributions, accounts, bonds and returns made to or lodged
with such court. The expense of records, microfilming or the equipment to produce
records, and of supplies which the judge deems necessary shall be paid, upon the order
of the judge, by the town or towns composing the district in proportion to their grand
lists last perfected.
(f) When the Probate Court Administrator, by regulation, requires that the courts
of probate use specified forms, education materials, supplies or equipment not otherwise
required by this section, they shall be furnished by the Probate Court Administrator and
the expense paid from the fund established under section 45a-82.
(1949 Rev., S. 6820; 1969, P.A. 519, S. 1; P.A. 80-476, S. 4; P.A. 93-279, S. 1; P.A. 03-278, S. 96; P.A. 04-257, S. 66.)
History: 1969 act added provision re required use of certain record books, forms, etc., stating that such record books,
etc. shall be supplied by probate court administrator and paid for from fund established under Sec. 45-4h; P.A. 80-476
divided section into Subsecs. and reworded provisions; Sec. 45-12 transferred to Sec. 45a-8 in 1991; P.A. 93-279 revised
section by adding provisions re minimum standards for probate court facilities, failure to provide required court facilities
and consolidation, separation and creation of probate districts as Subsecs. (a) to (d), inclusive, relettering prior Subsecs.
as (e) and (f) and making technical changes; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003;
P.A. 04-257 made technical changes in Subsecs. (c) and (d), effective June 14, 2004.
See Sec. 1-16 re photographic reproduction of documents.
See Sec. 1-18 re disposition of original documents.
See Sec. 7-24 re record and index of instruments kept by town clerk.
See Sec. 45a-754 re maintenance of papers concerning guardianship, parent-child relationships and adoptions in locked
files and re disclosure of such records for health or medical reasons.
Annotations to former section 45-12:
Order cannot be proved by parol. 76 C. 558; 77 C. 70. Court permitted and even compelled to correct record to make
it truthful. 72 C. 616; 81 C. 127. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383. Record imports
verity. 64 C. 491. Effect of record of probating of will. 67 C. 90.
Sec. 45a-8a. Regional children's court pilot program. (a) For the purposes of
this section, "children's matters" means guardianship matters under sections 45a-603
to 45a-625, inclusive, termination of parental rights matters under sections 45a-706 to
45a-719, inclusive, adoption matters under sections 45a-724 to 45a-733, inclusive, 45a-736 and 45a-737, claims for paternity under section 46b-172a, emancipation matters
under sections 46b-150 to 46b-150e, inclusive, and voluntary admission matters under
section 17a-11.
(b) The Probate Court Administrator shall, within available resources, establish a
regional children's court pilot program in a single region that shall consist of the probate
districts of New Haven, Branford, East Haven, Hamden, Milford, North Branford, North
Haven, Orange, West Haven and Woodbridge. In establishing such pilot program, the
Probate Court Administrator shall consult with the probate judges of such districts, each
of whom may participate in such pilot program on a voluntary basis. Within the region
designated under this subsection, the Probate Court Administrator may establish a regional children's court in (1) any existing probate court facility within a district located
in the region, or (2) a separate facility located in the region as may be designated by the
Probate Court Administrator. The regional children's court shall be established and
operated with the advice of the participating probate judges of such districts and the
administrative judge appointed under subsection (d) of this section. Such participating
probate judges and administrative judge shall serve as the judges of the regional children's court, except as provided in subdivision (1) of subsection (d) of this section. Such
judges shall hear and determine all children's matters as may come before them on a
docket separate from other probate matters.
(c) The Probate Court Administrator may, subject to the provisions of section 45a-84, expend moneys from the Probate Court Administration Fund established under section 45a-82 to pay for necessary improvements of a facility designated as the regional
children's court under subsection (b) of this section, to pay operating expenses of the
regional children's court and to reimburse participating towns or cities for any costs of
leasing office space for the regional children's court, and any necessary improvements
thereto, and for expenses under subsection (d) of this section.
(d) (1) The Probate Court Administrator, with the advice of the participating probate judges of the districts set forth in subsection (b) of this section, shall appoint an
administrative judge for the regional children's court. The administrative judge shall
be a probate judge at the time of such appointment. If the administrative judge ceases
to serve as a probate judge after such appointment, the administrative judge may continue
to serve as administrative judge at the pleasure of the Probate Court Administrator, but
shall not have the powers granted to an elected probate judge and shall not hear and
determine children's matters before the regional children's court. Subject to the approval
of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of the administrative judge and such compensation shall be paid from the fund
established under section 45a-82. Such compensation, together with the administrative
judge's compensation as a probate judge of the district to which he or she was elected,
shall not exceed the compensation provided under subsection (k) of section 45a-92. The
administrative judge shall have such benefits as may inure to him or her as a probate
judge and shall receive no additional benefits, except for compensation provided under
this section.
(2) The administrative judge shall be responsible for the management of cases,
coordination of social services, staff, financial management and record keeping for the
regional children's court. The administrative judge may, with the approval of the Probate
Court Administrator, purchase furniture, office supplies, computers and other equipment and contract for services that the administrative judge may deem necessary or
advisable for the expeditious conduct of the business of the regional children's court.
Such expenses shall be paid for pursuant to section 45a-8. If a separate facility for the
regional children's court is established pursuant to subdivision (2) of subsection (b) of
this section, the participating town or city shall be reimbursed for such expenses from
the Probate Court Administration Fund upon presentation of vouchers to the Probate
Court Administrator.
(e) The administrative judge for the regional children's court may, with the approval
of the Probate Court Administrator, employ such persons as may be required for the
efficient operation of the regional children's court. Such employees shall be employees
of the regional children's court and shall be entitled to the benefits of probate court
employees under this chapter. Such employees shall not be deemed to be state employees.
(f) (1) Except as provided in subdivision (2) of this subsection: (A) Any probate
court within the region designated under subsection (b) of this section may transfer
children's matters to the regional children's court; and (B) the regional children's court
may accept transfers and referrals of children's matters from probate courts within the
region.
(2) No new children's matters shall be transferred or referred to or filed with the
regional children's court on or after July 1, 2007. Nothing in this subdivision shall be
construed to affect the power of the judges of the regional children's court to hear and
decide, or exercise continuing jurisdiction over, children's matters brought before the
regional children's court prior to said date.
(g) The regional children's court shall be considered a probate court for the purposes
of this chapter.
(h) The Probate Court Administrator shall establish policies and procedures to implement the pilot program established under this section. On or before January 3, 2007,
the Probate Court Administrator shall submit a report concerning the operation and
effectiveness of such pilot program, including any recommendations for the continuation and expansion of such pilot program, to the joint standing committee of the General
Assembly having cognizance of matters relating to the judiciary, in accordance with
section 11-4a.
(P.A. 04-159, S. 1.)
History: P.A. 04-159 effective June 1, 2004.
Sec. 45a-9. (Formerly Sec. 45-13). Indexes. A general index shall be kept in each
probate court of the records of all estates which have been or are pending, in which shall
be entered the name of each such estate and the date and character of each proceeding
in the court.
(1949 Rev., S. 6821; P.A. 80-476, S. 5.)
History: P.A. 80-476 changed wording slightly; Sec. 45-13 transferred to Sec. 45a-9 in 1991.
See Sec. 45a-754 re maintenance of Probate Court records concerning guardianship, parent-child relationships and
adoption in locked files.
Sec. 45a-10. (Formerly Sec. 45-14). Fire-resistant safe or vault. Office space
to be provided for records. (a) Each judge of probate shall keep the records and files
of the court of probate for the district in a fire-resistant safe or vault, in office space
provided for that purpose by the town or towns comprising the district in which he is
judge, except when the records and files are in actual use for the purpose of examination,
recording, copying, or entry, or when the records and files, after being recorded or
copied, are placed in storage as records and files not in current use. If such safe or vault
or office space is not provided for that purpose, the chief administrative officers of the
town or towns comprising the district shall provide the safe or vault or office space at
the expense of the town or towns in proportion to their grand lists last perfected.
(b) If the proper authorities in any probate district fail to provide such safe or vault
or office space, the Public Records Administrator may order the proper authorities in
the probate district to provide such safe or vault or office space. If such provision is not
made within a reasonable time thereafter, the Public Records Administrator shall so
advise the State Librarian, who may seek enforcement of compliance with the order as
provided in section 11-8.
(c) All fire-resistant rooms or vaults and all safes for the safekeeping of any such
public records shall conform to regulations adopted by the Public Records Administrator
in accordance with chapter 54, and shall be furnished with fittings of a noncombustible
nature.
(1949 Rev., S. 552, 6822; 1967, P.A. 495, S. 4; 1969, P.A. 746; P.A. 77-614, S. 131, 610; P.A. 80-338, S. 5; 80-476,
S. 6; P.A. 81-472, S. 77, 159.)
History: 1967 act required that records be kept in "fire-resistive", rather than "fire-proof" safe or vault, deleted references
to fire-proof buildings, substituted "chief administrative officers" for "selectmen", "public records administrator" for
"examiner of public records" and "records management committee" for "state library committee", deleted provisions re
provision of safe or vault by district probate judge when town officers fail to do so, required that records management
committee seek enforcement of compliance with order to provide for safe or vault, replacing detailed procedure for supplying safe or vault, and required that storage facilities conform to standards of public records administrator; 1969 act added
references to office space provided for record-keeping purposes, included in exception reference to "recording or copying"
of records and added exception re stored records not in current use; P.A. 77-614 substituted commissioner of administrative
services for records management committee; P.A. 80-338 replaced commissioner of administrative services with state
librarian, required conformity with regulations "in accordance with chapter 54" rather than with "standards" and made
other technical changes; P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive
changes; P.A. 81-472 made technical changes; Sec. 45-14 transferred to Sec. 45a-10 in 1991.
See Sec. 11-8(b) re appointment of Public Records Administrator.
Sec. 45a-11. (Formerly Sec. 45-15). Certification of records and files. The records and files of any court of probate may be certified by the judge, clerk or assistant
clerk of the court, any one of whom is authorized to use and affix the seal of the court.
All such certified copies of records and files, with or without the seal of the court, shall
be legal evidence.
(1949 Rev., S. 6823; P.A. 80-476, S. 7.)
History: P.A. 80-476 rephrased provisions but made no substantive change; Sec. 45-15 transferred to Sec. 45a-11
in 1991.
Annotations to former section 45-15:
Formerly clerk alone could certify. 26 C. 425. Judge certifying copies acts as his own clerk 52 C. 218.
Sec. 45a-12. (Formerly Sec. 45-16). Copies of probate records required by Veterans' Administration to be furnished. When a copy of any probate record is required
by the Veterans' Administration to be used in determining the eligibility of any person
to participate in benefits made available by the Veterans' Administration, the official
charged with the custody of such public record shall, without charge, provide the applicant for such benefits, or any person acting on his behalf, or the authorized representative
of the Veterans' Administration, with a certified copy of such record.
(1949 Rev., S. 6824.)
History: Sec. 45-16 transferred to Sec. 45a-12 in 1991.
Secs. 45a-13 to 45a-17. Reserved for future use.
PART II
PROBATE JUDGES
Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks.
(a) There shall be a court of probate in each probate district held by one judge elected
by the electors residing in such district at the state election in 1974, and every four years
thereafter.
(b) Each judge of probate shall hold office for four years beginning on the Wednesday after the first Monday in January next following his election.
(c) Each judge, before entering upon his duties, shall be sworn and shall record his
certificate of election upon the records of his court.
(d) He shall appoint a clerk and may appoint one or more assistant clerks, each of
whom shall be sworn to a faithful performance of his duties and shall, when required,
give whatever bond the judge deems necessary. Each such clerk shall continue in office
until he resigns, is removed or is superseded.
(1949 Rev., S. 6811; 1953, S. 2895d; P.A. 80-476, S. 8.)
History: P.A. 80-476 divided section into Subsecs. and reworded provisions but made no substantive change; Sec. 45-5 transferred to Sec. 45a-18 in 1991.
Annotations to former section 45-5:
In the earliest period of our government, powers of a judge of probate were vested in the "particular court". In May,
1666, they were transferred to the several county courts, and in October, 1698, to the respective judge with two justices
of the quorum. In May, 1716, courts of probate were required to be holden by one judge, with a clerk in each county. The
first probate districts less than a county were formed in October, 1719. Clerk retains his office until he resigns, is removed,
or superseded. 26 C. 425. Disbarment of judge as attorney does not disqualify him. 88 C. 447.
Sec. 45a-19. (Formerly Sec. 45-6). Electoral status of judges. Each judge of
probate shall be an elector of a town within the district in which he is elected to serve.
If for any reason he ceases to be an elector of a town within such district, he shall
thereupon cease to hold office in such district, and such office shall be deemed vacant.
(1949 Rev., S. 6815; 1953, S. 2897d; P.A. 80-476, S. 9.)
History: P.A. 80-476 made minor wording changes; Sec. 45-6 transferred to Sec. 45a-19 in 1991.
Sec. 45a-20. (Formerly Sec. 45-4k). Payment of three-judge court. When a
three-judge court is appointed by the Probate Court Administrator, said administrator
may pay from the fund authorized under section 45a-82 a per diem rate not to exceed
two hundred fifty dollars for each judge that has been cited in, other than the judge in
whose district the matter is being heard. Such payment shall be made in accordance
with regulations promulgated by the Probate Court Administrator and shall be included
as income to the receiving judge under section 45a-92.
(P.A. 82-187; P.A. 98-219, S. 2.)
History: Sec. 45-4k transferred to Sec. 45a-20 in 1991; P.A. 98-219 increased per diem rate from one hundred to two
hundred fifty dollars.
Sec. 45a-21. (Formerly Sec. 45-4c). Court employees to serve at pleasure of
judge. Probate Court employees shall not be deemed state employees and shall serve
at the pleasure of the judge of the court of probate in which they are employed.
(1967, P.A. 558, S. 7; 1969, P.A. 308.)
History: 1969 act deleted provision whereby probate court administrator "from time to time" prescribed a compensation
plan for all positions in probate court other than judges; Sec. 45-4c transferred to Sec. 45a-21 in 1991.
Annotation to former section 45-4c:
Cited. 157 C. 160.
Sec. 45a-22. (Formerly Sec. 45-8). Disqualification of judge and of corporation
of which he is director or officer. When there is so near a relationship between any
deceased person or any legatee, devisee, heir, spouse or creditor of such deceased person,
and a judge of probate, as between husband and wife, parent and child, brothers and
sisters, by nature or marriage, or when any such judge is interested in any matter brought
to or pending in his court, he or she shall be disqualified to act as judge in relation to
the estate of such deceased person or in hearing such matter; and he or she may decline
to act as such judge in any matter if in his or her opinion it would be improper for him
or her so to act. No judge of probate shall appoint as a fiduciary any corporation of which
he or she is a director or salaried officer unless such corporation has been nominated as
such fiduciary by a testator or trustor.
(1949 Rev., S. 6816; 1957, P.A. 371; 1967, P.A. 558, S. 14; 1971, P.A. 78, S. 3; P.A. 74-67; P.A. 87-260, S. 4.)
History: 1967 act added as ground for disqualification of judge "when the powers and duties of any such judge have
been suspended in relation to any matter by the chief court administrator ..." and made disqualification absolute rather
than contingent upon objection made by "anyone interested"; 1971 act deleted as ground for disqualification "when any
such judge or his partner or associate has been retained as attorney or counsel in any matter"; P.A. 74-67 substituted "spouse"
for "wife" and added feminine personal pronouns as necessary; P.A. 87-260 deleted provision requiring disqualification of
a judge who has had his powers and duties suspended in relation to any matter by the chief court administrator as provided
in Sec. 45-11a to reflect repeal of said Sec. 45-11a; Sec. 45-8 transferred to Sec. 45a-22 in 1991.
See Sec. 51-39 re judges' disqualification by relationship or interest.
Annotations to former section 45-8:
Uncle of husband of devisee, etc., not disqualified. 17 C. 545. Judge who is an inhabitant of a town which is a creditor
is disqualified. 19 C. 585. Type of interest which will disqualify judge. 26 C. 7. Judge previously retained or consulted
not disqualified. Id., 577. Judge who is also selectman disqualified to act on application for appointment of conservator.
28 C 268. Cited. 134 C. 606. Cited. 215 C. 553, 560.
Sec. 45a-23. (Formerly Sec. 45-8a). Use of office or confidential information
for financial gain prohibited. No judge of probate shall use his public office or any
confidential information received through his holding public office to obtain financial
gain for himself, his spouse, child, child's spouse, parent, brother or sister, grandchild
or a business with which he is or was associated. The provisions of this section shall
not prohibit the employment of a relative by a judge of probate except as an employee
as defined in subdivision (3) of section 45a-34.
(P.A. 84-435, S. 2, 6; P.A. 86-402, S. 8, 13.)
History: P.A. 84-435 effective July 1, 1985; P.A. 86-402 applied provisions to judges' grandchildren and to businesses
with which they were associated in the past; Sec. 45-8a transferred to Sec. 45a-23 in 1991.
Sec. 45a-24. (Formerly Sec. 45-9). Validity of orders, judgments and decrees.
Every order, judgment or decree of a court of probate made by a judge who is disqualified
shall be valid unless an appeal is taken as hereinafter specified. All orders, judgments
and decrees of courts of probate, rendered after notice and from which no appeal is
taken, shall be conclusive and shall be entitled to full faith, credit and validity and shall
not be subject to collateral attack, except for fraud.
(1949 Rev., S. 6817; P.A. 80-476, S. 11.)
History: P.A. 80-476 made technical corrections for consistency; Sec. 45-9 transferred to Sec. 45a-24 in 1991.
Annotations to former section 45-9:
Order by disqualified judge unappealed from held valid. 39 C. 257. Generally as to collateral attack. 2 C. 388; 26 C.
273; 39 C. 523; 45 C. 196; 48 C. 165; 50 C. 330; 59 C. 361; 62 C. 221; 63 C. 338; 66 C. 140; 67 C. 7; id., 184; 69 C. 78;
70 C. 378; 75 C. 308; 86 C 470. Court cannot ordinarily revoke its own decrees. 76 C. 420; 81 C. 688. Failure to conform
to law in preliminary matter may not be ground to set aside decree. 81 C. 681; 86 C. 281. Foreign judgment of probate
court entitled to full credit. 81 C. 686. Effect of fraud on provision. 66 C. 140; 91 C. 521. Where an estate is administered
as intestate because of mistaken belief that there was no will, equity can enjoin any use of probate decrees to hamper or
defeat proceedings to secure probate of will later discovered. 135 C. 489. See note to Sec. 45-4. Action in equity to set
aside a decree admitting a will to probate held a direct attack and not within prohibition of this section. 146 C. 188. Cited.
152 C. 530, 532; 153 C. 545; id., 603. Cited. 165 C. 478, 487. Fraudulent assertion of death concerned jurisdictional fact,
and decree was subject to collateral attack and to being declared null and void, but a void decree may form basis for adverse
possession. 171 C. 149.
Cited. 22 CA 490, 495. Cited. 23 CA 174, 175, 177.
Where estate was administered and distributed as intestate and will was discovered four years later, court permitted
proceedings in probate though there was no fraud. 15 CS 316. Where tax commissioner appealed probate court decree
holding two of three antemortem transfers by decedent nontaxable, executor who had failed to appeal finding of third
transfer as taxable could not raise the issue by affirmative claim in his answer and plea in abatement was granted on grounds
of lack of jurisdiction. 28 CS 210.
Sec. 45a-25. (Formerly Sec. 45-11b). Probate judge not to appear as attorney
in contested matter in probate court. (a) A judge of probate shall not appear as attorney
in any contested matter in any court of probate.
(b) For the purposes of subsection (a) of this section, a matter before a court of
probate is a contested matter when any party to such matter informs the court, orally or
in writing, of any objection or opposition in such matter, without regard to the apparent
merit or lack of merit of such objection or opposition.
(1971, P.A. 78, S. 2; P.A. 80-476, S. 12; P.A. 04-142, S. 1.)
History: P.A. 80-476 reworded provision but made no substantive change; Sec. 45-11b transferred to Sec. 45a-25 in
1991; P.A. 04-142 designated existing provisions as Subsec. (a) and added Subsec. (b) re when matter before court is a
contested matter.
Sec. 45a-26. (Formerly Sec. 45-11c). Partner or associate of probate judge not
to practice law in judge's court. A partner or associate of a judge of probate shall not
engage in the practice of law in the court of probate in which such judge holds office.
For the purposes of this section, any person who acts in a fiduciary capacity with respect
to his spouse, child, parent, grandparent, brother, sister, aunt, uncle, niece or nephew
shall not be construed to be engaged in the practice of law.
(1971, P.A. 78, S. 1; P.A. 73-487; P.A. 80-476, S. 13.)
History: P.A. 73-487 specified that persons acting as fiduciaries for relatives shall not be construed as practicing law;
P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-11c transferred to Sec. 45a-26 in 1991.
Sec. 45a-27. Training program required for judges. Curriculum established
by Probate Court Administrator. (a) Each person who is elected to a first term as a
judge of probate after October 1, 1993, shall complete the training program established
pursuant to subsection (b) of this section.
(b) The Probate Court Administrator shall establish, supervise and fund a program
of training for newly-elected probate judges that shall include: (1) A course to be taken
between the date of election and the date of assuming office concerning the rules of
judicial conduct for a judge of probate, the ethical considerations arising in that office,
the operation of a probate court, and the availability of assistance for a judge in the
operation of a probate court; and (2) courses to be taken within six months after the date
of assuming office that provide fundamental training in (A) civil procedure, including
constitutional issues, due process, and evidentiary considerations, (B) property law,
including conveyancing and title considerations, (C) the law of wills and trusts, and (D)
family law in the context of the probate courts.
(c) The curriculum for the courses required by subsection (b) of this section shall
be established by the Probate Court Administrator and shall be designed to establish a
minimum level of proficiency by judges of probate. The courses shall be given by qualified instructors approved by the Probate Court Administrator. The Probate Court Administrator may waive completion of a course required by subdivision (2) of subsection (b)
on demonstration by a probate judge of proficiency in the subject matter. The Probate
Court Administrator may, for good cause, allow a probate judge to satisfy a requirement
of subsection (b) of this section by auditing, at the office of the Probate Court Administrator or at such other place as the Probate Court Administrator may designate, instructional
tapes approved by the Probate Court Administrator. The Probate Court Administrator
shall adopt appropriate time requirements for training of a probate judge elected in a
special election and may modify other requirements of this section as circumstances
may require.
(P.A. 93-279, S. 15.)
Sec. 45a-27a. Failure to complete training within required time. Request for
extension. Referral to Council on Probate Judicial Conduct for failure to maintain
professional competence. (a) If a probate judge is unable to complete training required
pursuant to section 45a-27 within the time required, such judge may request an extension
of time for completion of training from the continuing education committee of the Probate Assembly. The committee may, for cause shown, grant the requested extension
of time.
(b) If a probate judge fails to complete training within the time required, or within
any extension of time granted pursuant to subsection (a) of this section, the Probate
Court Administrator may refer the judge to the Council on Probate Judicial Conduct
for failure to maintain professional competence as a judge of probate by failing to complete the training program pursuant to section 45a-27.
(P.A. 93-279, S. 16.)
Secs. 45a-28 to 45a-33. Reserved for future use.
PART III
RETIREMENT BENEFITS
Sec. 45a-34. (Formerly Sec. 45-29a). Definitions. The following words and
phrases as used in sections 45a-34 to 45a-54, inclusive, and 45a-75 except as otherwise
provided, shall have the following meanings:
(1) "Average final compensation" means, in the case of a judge of probate, the
average annual compensation for the three highest paid years of service while serving
in the probate court to which the judge was elected or by citation to any other court or
courts, provided, for purposes of this section, the compensation for any one year shall
not exceed the maximum net annual income currently allowed by law, and, in the case
of an employee, the average annual rate of pay during the employee's three highest paid
years of employment;
(2) "Credited service" means (A) all periods during which a person held the office
of judge of probate and any period of service elected by a judge pursuant to section 45a-36a or (B) any period during which a person served as an employee of any probate court
or (C) subject to the requirements of subsections (a) and (b) of section 45a-54, a period
of not more than three years for service as a member of the General Assembly and
military service or (D) the aggregate of any periods of service provided for in subparagraphs (A), (B) and (C) of this subsection;
(3) "Employee" means a person employed by any probate court for more than four
hundred thirty hours per year or a person who served for more than four hundred thirty
hours per year performing under any contract of employment with any court of probate;
(4) "Fund" means the retirement fund established by section 45a-35;
(5) "Member" means any judge of probate or employee who is or may become
eligible for retirement benefits under sections 45a-34 to 45a-54, inclusive, and 45a-75;
(6) "Normal retirement age" means the age of sixty-two for any judge of probate
or any employee;
(7) "Old Age and Survivors System" means the system established under Title II
of the Social Security Act, as amended;
(8) "Pay" means the salary, wages or earnings of an employee, but does not include
any fees or allowances for expenses;
(9) "Retirement Commission" means the State Retirement Commission;
(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 issued pursuant thereto, as such act has been and may from time to time be amended.
(1967, P.A. 558, S. 26; 1969, P.A. 160, S. 2; 1971, P.A. 583; 1972, P.A. 244, S. 2; P.A. 77-40, S. 1; 77-363; P.A. 80-176, S. 2; 80-476, S. 37; P.A. 81-472, S. 78, 159; P.A. 86-242, S. 1; P.A. 88-155, S. 1; P.A. 93-379, S. 1, 8; P.A. 94-98,
S. 1; P.A. 97-87, S. 2.)
History: 1969 act removed employees in the office of the probate court administrator from definitions of "employee";
1971 act redefined "average final compensation" re probate judges as average annual compensation for three consecutive
highest paid years rather than as average annual compensation during initial four years; 1972 act redefined "employee"
to specify that judge is full-time employee whether serving in court to which elected or by citation in another court, redefined
"credited service" to apply to acting judges of probate and redefined "average final compensation" to clarify applicability
re judges serving in court to which elected or by citation in another court or as court employee and to base compensation
for employees on three highest paid consecutive years rather than on the final five years of employment; P.A. 77-40 divided
section into Subdivs., extended applicability to Sec. 45-29t and rephrased definition of "credited service"; P.A. 77-363
redefined "employee" to include persons performing under contract of employment; P.A. 80-176 redefined "credited
service" to delete reference to acting judge of probate; P.A. 80-476 reordered Subdivs. to place terms in alphabetical order,
replaced alphabetic indicators with numeric indicators, and restored reference to acting judge of probate in definition of
"credited service"; P.A. 81-472 removed from the definition of "credited service" any period of holding the office of acting
judge of probate; P.A. 86-242 amended definition of "credited service" to include a period of not more than three years
of service as member of general assembly and military service, subject to requirements of section 45-29w, and amended
definition of "normal retirement age" to mean age of sixty-two for judge of probate and sixty-five for employee; P.A. 88-155 redefined "employee" by changing basis of calculation from "twenty hours per week and more than five months per
year" to "four hundred thirty hours per year"; Sec. 45-29a transferred to Sec. 45a-34 in 1991; P.A. 93-379 redefined "normal
retirement age" to change the age to sixty-two for probate court employees, effective June 30, 1993; P.A. 94-98 amended
definition of "average final compensation" in Subdiv. (1) by deleting requirement that basis of calculation be "consecutive"
highest paid years of service and deleting reference to service as an employee of any probate court; P.A. 97-87 redefined
"credited service" in Subdiv. (2) include service elected by judge pursuant to Sec. 45a-36a and in Subpara. (D) changed
"subdivisions" to "subparagraphs" (A), (B) and (C).
Sec. 45a-35. (Formerly Sec. 45-29b). Probate Judges and Employees Retirement Fund. The Connecticut Probate Judges and Employees Retirement Fund is established, and shall consist of amounts transferred from the fund as provided by section
45a-82 and contributions under sections 45a-44 and 45a-45.
(1967, P.A. 558, S. 27.)
History: Sec. 45-29b transferred to Sec. 45a-35 in 1991.
Sec. 45a-36. (Formerly Sec. 45-29c). Retirement qualifications. (a) Judges of
probate courts in office on or after December 31, 1966, and employees of such courts,
who have completed at least ten years of credited service shall be eligible to retire
and thereupon to receive normal retirement benefits on the first day of the month after
attaining the age of sixty-five or after termination of service as a judge of probate or
employee, whichever occurs later; provided any judge or employee who has at least ten
years of credited service but less than twelve years in the case of a judge, and less than
fifteen years in the case of an employee, and whose credited service terminated before
July 1, 1979, shall become eligible to retire and to receive retirement benefits retroactive
to January 1, 1979, or to the first day of the month after such termination, whichever is
later. Judges of probate courts in office on or after October 1, 1986, and employees of
such courts, who have completed at least ten years of credited service shall be eligible
to retire and thereupon to receive normal retirement benefits on the first day of any
month after attaining the age of sixty-two.
(b) Employees and judges whose credited service began at or after the age of sixty
shall be eligible on the first day of the month after attaining the age of seventy, regardless
of length of service, provided in the case of a judge of probate, such judge shall have
served at least one full term.
(c) Employees who attained the age of seventy before establishment of the retirement fund shall be eligible on January 1, 1968.
(d) Employees of probate courts serving on or after October 1, 1993, who have
completed at least ten years of credited service shall be eligible to retire and thereupon
to receive normal retirement benefits on the first day of any month after attaining the
age of sixty-two.
(1967, P.A. 558, S. 28; 1969, P.A. 160, S. 3; P.A. 77-40, S. 2; P.A. 79-454, S. 1, 12; P.A. 80-176, S. 1; 80-476, S. 38;
P.A. 86-242, S. 4; P.A. 93-379, S. 2, 8; P.A. 94-98, S. 2; P.A. 97-87, S. 3.)
History: 1969 act deleted reference to eligibility of employees of probate court administrator's office; P.A. 77-40 applied
provisions to judges "who have completed at least twelve years of credited service" rather than to those "who have held
office for at least twelve years"; P.A. 79-454 included employees under retirement terms applying to judges, reducing
years of required credited service to ten and adding proviso re judges with more than ten but less than twelve years' service,
deleted former provision which required employees to be at least sixty-five or to have completed fifteen years of credited
service, "whichever occurs later" and allowed retirement at seventy for employees whose credited service began at or after
age of sixty, rather than fifty-five, as was previously the case; P.A. 80-176 included employees with more than ten but less
than fifteen, rather than twelve, years of service in proviso; P.A. 80-476 divided section into Subsecs. and rephrased
provisions; P.A. 86-242 amended Subsec. (a) by providing that judges of probate in office on or after October 1, 1986,
who have completed at least ten years of credited service shall be eligible to retire on first day of any month after attaining
sixty-two; Sec. 45-29c transferred to Sec. 45a-36 in 1991; P.A. 93-379 added Subsec. (d) permitting employees of probate
courts serving on or after October 1, 1993, who have completed at least ten years of credited service to retire and receive
normal retirement benefits after reaching sixty-two, effective June 30, 1993; P.A. 94-98 amended Subsec. (a) by permitting
employees of probate courts on or after October 1, 1986, who have completed at least ten years of credited service to be
eligible for normal retirement at age of sixty-two; P.A. 97-87 amended Subsec. (b) to apply to judges and to require that
judges shall have served at least one full term.
Annotation to former section 45-29c:
Where beneficiaries of retirement fund were not made parties to action for declaratory judgment on constitutionality
of section, court would not pass on issue of constitutionality. 157 C. 150.
Sec. 45a-36a. Retirement of judge in office on or after October 1, 1997, where
probate district merged and judge not elected to term commencing at time of or
subsequent to consolidation. Any judge of probate in office on or after October 1,
1997, whose probate district is merged with another district and who has not been elected
to a term which begins at the time of, or subsequent to, such consolidation, (1) may elect
to receive four years of credited service, as defined in subdivision (2) of section 45a-34, (2) may elect to receive a reduction of his retirement age of not more than four
years pursuant to subsection (a) of section 45a-36 or (3) may elect any combination of
subdivisions (1) and (2) of this section, provided such combination shall not exceed
four years in total.
(P.A. 97-87, S. 1; P.A. 98-219, S. 3.)
History: P.A. 98-219 deleted phrase "after such consolidation" and inserted "to a term which begins at the time of, or
subsequent to, such consolidation".
Sec. 45a-37. (Formerly Sec. 45-29d). Retirement date. (a) Any employee of a
court of probate shall be retired on the first day of any month after he has become eligible
for retirement, on the recommendation of the judge of the probate court by which he is
employed.
(b) Any employee who has attained the age of seventy years shall be retired on the
first day of the month following the attainment of that age, except that any employee,
at his request and with the approval of the judge of the probate court, may be retained
in the employ of the probate court without further assessment for pension benefits under
section 45a-44; provided such person shall receive no pension payments during the
period in which he is so retained and his credited service shall not be increased by such
employment beyond the age of seventy.
(1967, P.A. 558, S. 29; P.A. 80-476, S. 39.)
History: P.A. 80-476 divided section into Subsecs. and revised wording slightly; Sec. 45-29d transferred to Sec. 45a-37 in 1991.
Sec. 45a-38. (Formerly Sec. 45-29e). Retirement of employee after ten years
of service. (a) If any employee of a court of probate is separated on or after January 1,
1972, from the service of the court by which he is employed, and after completing at
least ten years of credited service but before reaching the normal retirement age, he shall
be entitled to a retirement allowance on the first day of the month after reaching the
normal retirement age.
(b) At the option of the employee, the retirement allowance may commence on the
first day of any month after the date of the separation described in subsection (a) of this
section and shall be payable in an amount 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, except that for any such employee separated on
or after October 1, 1994, who has attained the age of sixty, the reduction of the allowance
which would have been payable shall be one quarter of one per cent for each month the
employee's retirement precedes the attainment of age sixty-two. Any such employee
who was separated from the service of the court before July 1, 1979, with at least ten but
less than twenty years of credited service may elect a retirement allowance retroactive to
January 1, 1979, or the first day of the month after such separation, whichever is later.
(1967, P.A. 558, S. 30; 1972, P.A. 244, S. 4; P.A. 79-454, S. 2, 12; P.A. 80-476, S. 40; P.A. 86-242, S. 5; P.A. 94-98,
S. 3.)
History: 1972 act changed applicable date from January 1, 1968, to January 1, 1972, and required completion of twenty
rather than thirty years of continuous service; P.A. 79-454 reduced requirement to ten years, substituted "credited" for
"continuous service" and added provision re employees with more than ten, but less than the previously required twenty,
years of service; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-242 amended Subsec. (b)
by substituting "any" for "the" before "month"; Sec. 45-29e transferred to Sec. 45a-38 in 1991; P.A. 94-98 amended
Subsec. (b) by adding phrase "except that for any such employee separated on or after October 1, 1994, who has attained
the age of sixty, the reduction allowance which would have been payable shall be one quarter of one per cent for each
month the employee's retirement precedes the attainment of age sixty-two."
Sec. 45a-39. (Formerly Sec. 45-29f). Retirement of judge after ten years of
service. If any judge of probate is separated after January 1, 1972, from the service of
his court after having completed ten years of credited service as judge of probate, he
may elect to take a retirement allowance to commence on the first day of any month
following the date of separation. The allowance shall be payable in an amount 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, except
that for any such judge separated on or after October 1, 1986, who has attained the age
of sixty, the reduction of the allowance which would have been payable shall be one-quarter of one per cent for each month his retirement precedes his attainment of age
sixty-two. Any such judge of probate, who was separated from the service of his court
before July 1, 1979, with at least ten years but less than twelve years of credited service
may elect a retirement allowance retroactive to January 1, 1979, or the first day of the
month after such separation, whichever is later.
(1967, P.A. 558, S. 31; 1972, P.A. 244, S. 5; P.A, 79-454, S. 3, 12; P.A. 80-476, S. 41; P.A. 86-242, S. 6.)
History: 1972 act changed applicable date from January 1, 1968, to January 1, 1972, and service requirement from
sixteen to twelve years; P.A. 79-454 reduced required years of service to ten and added provision re judges with more than
ten but less than the previously required twelve years of service; P.A. 80-476 rephrased provisions but made no substantive
change; P.A. 86-242 added exception that for any judge separated on or after October 1, 1986, who is sixty, the reduction
of allowance which would have been payable shall be one-quarter of one per cent for each month his retirement precedes
sixty-two; Sec. 45-29f transferred to Sec. 45a-39 in 1991.
Sec. 45a-40. (Formerly Sec. 45-29g). Disability retirement. (a) Any employee
or judge of probate who has completed at least ten years of credited service shall be
eligible for retirement and for a retirement allowance if he becomes permanently and
totally disabled from engaging in any gainful employment in the service of the Court
of Probate or in the office of judge, as the case may be. 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.
(b) In order to obtain a retirement allowance under this section an employee or judge
shall apply in writing for the allowance to the Retirement Commission within one year
after incurring the disability, or by January 1, 1980, as to an employee or a judge becoming eligible on January 1, 1979. The allowance may be made retroactive to the first day
of the month following the date on which the compensation of the disabled employee
ceased or the disability of the judge commenced, except that for a judge or an employee
who has completed at least ten years but less than twelve years of credited service and
whose disability commenced before July 1, 1979, the allowance shall be retroactive to
January 1, 1979, or the first day of the month after the commencement of such disability,
whichever is later.
(1967, P.A. 558, S. 32; 1972, P.A. 244, S. 6; P.A. 79-454, S. 4, 12; P.A. 80-476, S. 42.)
History: 1972 act reduced required years of service from sixteen to twelve; P.A. 79-454 reduced required years of
service to ten, required application be made by January 1, 1980, for those becoming eligible on January 1, 1979, and added
exception re those with more than ten but less than twelve years of service whose disability commenced before July 1,
1979; P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-29g transferred to Sec. 45a-40 in 1991.
Sec. 45a-41. (Formerly Sec. 45-29h). Retirement allowance. Annual adjustments in retirement allowances. (a) After retirement in accordance with the provisions
of sections 45a-34 to 45a-53, inclusive, each member of the retirement fund who is not
entitled to benefits under the Old Age and Survivors Insurance System as provided for
in sections 7-452 to 7-459, inclusive, as a result of service in a court of probate in this
state shall receive a retirement allowance during his lifetime, payable monthly, equal
to one-twelfth of two per cent of his average final compensation for each year of credited
service.
(b) Each member who is entitled to benefits under the Old Age and Survivors Insurance System as provided for in sections 7-452 to 7-459, inclusive, as a result of service
in a court of probate in this state shall receive a retirement allowance during his lifetime,
payable monthly, equal to one-twelfth of the sum of (1) and (2) following: (1) One per
cent of average final compensation up to and including four thousand eight hundred
dollars for each year of credited service; (2) two per cent of average final compensation
in excess of four thousand eight hundred dollars for each year of credited service.
(c) The retirement allowance for any member shall not be less than three hundred
sixty dollars annually.
(d) On July 1, 1980, and on July first of each subsequent year, the State Retirement
Commission shall determine the percentage of increase or decrease in the average
monthly nation-wide Consumer Price Index for the most recent fiscal year compiled
and published by the federal government from the average monthly nation-wide Consumer Price Index compiled and published by the federal government for the next preceding fiscal year. Subject to the further limitations of this subsection, the percentage
of increase or decrease so determined on July first of each year shall be applied to
increase or decrease by such percentage the amount of the retirement allowance in effect
on July first of the next preceding year for each member who was a retired member on
said July first and was then receiving a retirement allowance under this section, and for
the spouse of each deceased member who had elected the husband and wife retirement
income option, or any other spouse or contingent annuitant receiving a continuing reduced retirement allowance or retirement income payments under section 45a-43 on
said July first; and the amount of retirement allowance or retirement income payable
during the twelve-month period commencing on each July first adjustment date shall
be the amount so in effect and being received on said July first increased or decreased
as above. No adjustment shall be made on any July first if the increase or decrease in
such index determined as above is less than one per cent, and adjustments for increases
in excess of three per cent shall be limited to three per cent. In no event shall the amount
of monthly retirement allowance or retirement income payment for a member or spouse
receiving such an allowance or payment on June 30, 1979, be reduced by any adjustment
under this subsection below the amount of such monthly retirement allowance or retirement income in effect on June 30, 1979, nor shall the amount of monthly retirement
allowance or payment of a member or spouse whose initial amount of such allowance
or payment becomes payable after June 30, 1979, be reduced by any adjustment under
this subsection below such initial amount of monthly retirement allowance for such
member or such initial amount of allowance or payment to such spouse.
(1967, P.A. 558, S. 33; 1972, P.A. 244, S. 7; P.A. 75-184, S. 1; P.A. 79-454, S. 5, 7, 12; P.A. 80-476, S. 43; P.A. 82-170; P.A. 86-242, S. 7; P.A. 88-155, S. 2; P.A. 94-98, S. 4.)
History: 1972 act raised percentages of average final compensation used as basis for benefits from one and two-thirds,
five-sixths of one per cent and one and two-thirds per cent to two, one and two per cent, respectively and raised minimum
retirement allowance from one hundred twenty to three hundred sixty dollars annually; P.A. 75-184 clarified references
to old age and survivors insurance system by specifying applicable section numbers; P.A. 79-454 referred to Secs. 45-29a
to 45-29t rather than to Secs. 45-29k to 45-29s, changed maximum retirement allowance from two-thirds to eighty per
cent of average final compensation and added new Subsec. re increases and decreases based on variations in consumer
price index; P.A. 80-476 reorganized Subsecs. and rephrased Subsecs. (a) to (c); P.A. 82-170 amended Subsec. (d) to apply
annual adjustment to amount of retirement allowance in effect on July first, rather than June thirtieth, of the next preceding
year; P.A. 86-242 amended Subsec. (c) by adding provision re maximum retirement allowance for employee member
equal to one hundred per cent of average final compensation; P.A. 88-155 amended Subsec. (d) by adding reference to
contingent annuitants; Sec. 45-29h transferred to Sec. 45a-41 in 1991; P.A. 94-98 amended Subsec. (c) by deleting provision
re limit on retirement allowance of judge or employee under the Old Age and Survivors Insurance System.
Sec. 45a-42. (Formerly Sec. 45-29i). Reemployment after retirement. An employee who is retired under sections 45a-34 to 45a-53, inclusive, and who again accepts
appointment as an employee of a court of probate to render services for more than ninety
working days in any year, shall receive no retirement allowance while so employed.
(1967, P.A. 558, S. 34; P.A. 79-454, S. 6, 12; P.A. 80-476, S. 44.)
History: P.A. 79-454 substituted Secs. 45-29a to 45-29t for Secs. 45-29k to 45-29s; P.A. 80-476 rephrased provisions;
Sec. 45-29i transferred to Sec. 45a-42 in 1991.
Sec. 45a-43. (Formerly Sec. 45-29j). Husband and wife retirement income option. (a) Except as provided in subsection (d) of this section and subdivision (5) of this
subsection, each married member shall, subject to regulations issued by the Retirement
Commission, make an election in accordance with subsections (d) and (e) of this section
to receive a reduced retirement allowance with the provision that the reduced retirement
allowance, or such part which is specified by such person in his notice of election, shall
be continued after his death to his spouse named in the election for as long as his spouse
lives. The reduced retirement allowance shall be in an amount which the Retirement
Commission determines to be the actuarial equivalent of the retirement allowance that
would have been payable had not the election been made. A member may elect to receive
his retirement allowance in accordance with any of the following options: (1) A reduced
amount payable to the member for his lifetime with the provision that after his death
his spouse, if surviving, shall be entitled to receive a lifetime income equal to fifty per
cent of the reduced monthly amount payable to the member; (2) a reduced amount
payable to the member for his lifetime with the provision that after his death his contingent annuitant shall be entitled to receive a lifetime income equal to either fifty or one
hundred per cent of the reduced amount payable to the member; (3) a reduced amount
payable to the member for his lifetime with the provision that if he shall die within
either a ten or twenty-year period following the date his retirement income commences,
whichever is selected by the member, the reduced amount continues to his contingent
annuitant for the balance of the ten or twenty-year period; (4) an amount payable to the
member for his lifetime with no payments continuing after the member's death, except
for a lump sum death benefit equal to the member's retirement contributions plus interest
reduced by the federal tax exclusion ratio times the income payments made to the member from the fund; or (5) for judges eligible for retirement benefits under section 45a-36a, an unreduced amount payable to the member for his lifetime with the provision
that after his death his spouse, if surviving, shall be entitled to receive a lifetime income
equal to fifty per cent of the unreduced monthly amount payable to the member. If a
member who has been married for one year dies before retirement but after completion
of the age and service requirements that would permit him to retire upon his own application, the retirement allowance shall be payable to his spouse commencing at his death,
in accordance with regulations to be established by the Retirement Commission.
(b) Except as provided in subsection (c) of this section, if any member who has not
exercised his option under subsection (a) of this section dies after January 1, 1968, and
before his retirement income payments begin but after completion of the age and service
requirements that would permit him to retire on his own application, and he is survived
by a spouse, a retirement income shall be paid monthly to his spouse, commencing at
his death and ending upon the death of the spouse. The amount payable shall be the
average of (1) fifty per cent of the retirement allowance payable to the member for his
lifetime if no payments were to continue after the member's death and (2) fifty per cent
of the reduced retirement allowance that such member would have received if he had
retired on the date of his death with the provision that after his death his spouse would
receive one-half of the amount payable to the member.
(c) The surviving spouse of (1) a judge or employee whose separation from service
occurred before July 1, 1979, but after December 31, 1966, and (2) whose years of
credited service at separation totalled, in the case of a judge, ten or more but less than
twelve years, and in the case of an employee, ten or more but less than twenty years,
(3) who has not elected or who did not have in effect at his death the option provided
for in subsection (a) of this section, and (4) who died after January 1, 1968, and on or
before July 1, 1979, and before his retirement income payments began, shall receive a
retirement income, retroactive to the date of his death or January 1, 1979, whichever is
later. Such payments shall be paid monthly in accordance with the regulations of the
State Retirement Commission to such spouse, as if such judge or employee had exercised
an option under subsection (a) to provide an amount equal to one-third of the retirement
allowance that such judge or employee would have received if he had retired on the date
of his death. Such payment shall continue until such spouse remarries or dies.
(d) Each married member shall be presumed to have made the election provided
for in subsection (a) of this section for continuation to his surviving spouse of an amount
equal to fifty per cent of his reduced retirement allowance provided (1) each such member may elect at any time prior to retirement to waive the retirement income option
provided by subsection (a) of this section or may revoke any such election at any time
prior to retirement, and (2) the election meets the requirements of subsection (e) of this
section.
(e) The election under subsection (d) of this section to waive the retirement income
option provided by subsection (a) of this section shall not take effect unless (1) the
spouse of the member consents, in writing, to such election, and the spouse's consent
acknowledges the effect of such election and is witnessed by a plan representative or a
notary public, or (2) it is established to the satisfaction of the Retirement Commission
that the consent required under subdivision (1) of this subsection may not be obtained
because there is no spouse, because the spouse cannot be located, or because of such
other circumstances as the commission may by regulations prescribe. Any consent by
a spouse, or establishment that the consent of a spouse may not be obtained under this
subdivision, shall be effective only with respect to such spouse.
(1967, P.A. 558, S. 35; 1972, P.A. 244, S. 8; P.A. 79-454, S. 8, 12; P.A. 80-476, S. 45; P.A. 88-155, S. 3; 88-364, S.
114, 123; P.A. 97-87, S. 4.)
History: 1972 act added Subsec. (b) re payment of benefits to surviving spouse; P.A. 79-454 added Subsec. (c); P.A.
80-476 rephrased provisions; P.A. 88-155 amended Subsec. (a) to provide that each married member shall make an election
in accordance with Subsecs. (d) and (e) and added provision re election of retirement options and benefits to spouse of
member who has been married for one year who dies before retirement, amended Subsec. (b) to provide that benefits to
surviving spouse shall be the average of fifty per cent of retirement allowance payable to member and fifty per cent of
reduced retirement allowance, and added Subsecs. (d) and (e) re election of married member and prerequisites of waiver
of election; P.A. 88-364 changed calculation of lump sum death benefit under Subdiv. (4) of Subsec. (a) by deleting
reference to provisions of Sec. 5-168 and substituting benefit equal to the member's retirement contributions plus interest
reduced by the federal tax exclusion ratio times the income payments made to the member from the fund; Sec. 45-29j
transferred to Sec. 45a-43 in 1991; P.A. 97-87 amended Subsec. (a) by adding exception of Subdiv. (5) and added new
Subdiv. (5) re unreduced amount payable to member and lifetime income of fifty per cent of such amount to surviving
spouse for judges eligible for retirement benefits under Sec. 45a-36a.
Annotation to former section 45-29j:
Primary standards relating to duties of retirement commission are adequate. 157 C. 150.
Sec. 45a-44. (Formerly Sec. 45-29k). Retirement contributions of employees.
(a) Each employee shall contribute to the fund three and three-quarters per cent of that
portion of such employee's pay from which contributions are not to be deducted under
the Federal Old Age and Survivors Insurance System as provided for in sections 7-452
to 7-459, inclusive, and one per cent of that portion of pay from which contributions
are to be deducted. Contributions are to be deducted by the employing court of probate
and forwarded to the Retirement Commission to be credited to the fund, in four payments, payable on or before the last day of March, June, September and December of
the applicable year. Any retirement contributions not paid within thirty days of such
date shall incur simple interest at the rate of twenty per cent per annum.
(b) (1) Any employee who leaves the employment of the court before becoming
eligible for retirement may, on request to the Retirement Commission, withdraw the
total of all contributions made by him, without interest, provided, if he makes no such
request within ten years after leaving, his contributions shall revert to the fund.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if such
departure from probate service or withdrawal of contributions is on or after October 1,
1986, the withdrawal of contributions shall include interest credited from the later of
(A) January 1, 1986, or (B) the first of the calendar year following the date of actual
contribution, to the first of the calendar year coincident with or preceding the date the
employee leaves probate service. Such interest shall be credited at the rate of five per
cent per year. In addition, for the partial calendar year during which the employee leaves
probate service or withdraws contributions, provided such date is after January 1, 1986,
interest shall be credited at the rate of five-twelfths of one per cent multiplied by the
full number of months completed during such calendar year, such interest rate to be
applied to the value of contributions, including any prior interest credits, as of the first
day of such calendar year.
(3) Any employee who withdraws his contributions from the fund and is subsequently reinstated shall not receive credited service for such prior employment in the
computation of any benefit with respect to him under the retirement plan unless the
withdrawn contributions have been repaid with interest at a rate to be determined by
the commission. Any employee who was ineligible for retirement benefits at the time
of his employment and who has not made contributions under this section, who becomes
eligible, or whose spouse becomes eligible for any benefit under the retirement plan
shall receive credited service for any employment provided such employee makes such
contributions with interest at a rate to be determined by the commission.
(1967, P.A. 558, S. 36; P.A. 75-184, S. 2; P.A. 79-454, S. 9, 12; P.A. 80-476, S. 46; 80-483, S. 117, 186; P.A. 82-309,
S. 1; P.A. 86-242, S. 8; P.A. 94-98, S. 5.)
History: P.A. 75-184 added reference to Secs. 7-452 to 7-459 in Subsec. (a); P.A. 79-454 added provisions in Subsec.
(b) re eligibility of persons previously ineligible and receipt of credited service for employment upon employees' making
contributions with interest determined by commission; P.A. 80-476 rephrased provisions; P.A. 80-483 made technical
correction in Subsec. (b); P.A. 82-309 amended Subsec. (a) to require payment of contributions in four payments, on or
before the last day of March, June, September and December of applicable year, where previously requirement was for
payment "not less frequently than quarterly", and to impose payment of twenty per cent interest on delinquent contributions;
P.A. 86-242 amended Subsec. (b) by adding provision for payment of interest on contributions withdrawn on or after
October 1, 1986; Sec. 45-29k transferred to Sec. 45a-44 in 1991; P.A. 94-98 amended Subsec. (a) by decreasing contribution
to fund by employee from five to three and three-quarters per cent of pay and decreasing contribution from two and one-quarter to one per cent of pay from which contributions under Federal Old Age and Survivors Insurance System are deducted
and deleting provision re deduction of contributions by probate court administrator for employees and deleted provision
re interest incurred by probate court or administrator for nonpayment of contributions within thirty days of due date.
Sec. 45a-45. (Formerly Sec. 45-29l). Retirement contributions of judges. (a)
Each judge of probate shall contribute to the fund three and three-quarters per cent of
that portion of the judge's annual compensation with respect to which contributions are
not made to the Federal Old Age and Survivors System as provided for in sections 7-452 to 7-459, inclusive, and one per cent of that portion from which such contributions
are made. Contributions are to be forwarded by the judge of probate to the Retirement
Commission to be credited to the retirement fund on the judge's account.
(b) Retirement contributions to the fund shall be made in four installments payable
on or before the last day of March, June, September and December of the applicable
year, and each payment shall approximate as closely as possible one-fourth of the estimated annual contribution based upon the estimated annual net income of the office,
provided, if the amount to be forwarded is less than one hundred dollars, remittances
shall be made in one payment on or before December thirty-first of the applicable year.
(c) When the actual net income for a particular year becomes known, and in no
event later than March first of the following year, the probate judge shall add to his next
payment the amount of any deficiency, or subtract from his next payment the amount
of any excess contributions for said year. If a judge has no net income in any particular
year, the Probate Court Administrator shall report accordingly to the Retirement Commission. Any retirement contributions not paid within thirty days of the time prescribed
in subsection (b) or this subsection shall incur simple interest at the rate of twenty per
cent per annum.
(d) (1) Any judge leaving office before becoming eligible for a retirement allowance may, on request to the Retirement Commission, withdraw the total of all contributions made by him, without interest, provided, if he makes no such request within ten
years after leaving office, his contributions shall revert to the fund.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if such
departure from office or withdrawal of contributions is on or after October 1, 1986, the
withdrawal of contributions shall include interest credited from the later of (A) January
1, 1986, or (B) the first of the calendar year following the date of actual contribution,
to the first of the calendar year coincident with or preceding the date the judge leaves
office. Such interest shall be credited at the rate of five per cent per year. In addition, for
the partial calendar year during which the judge leaves office or withdraws contributions,
provided such date is after January 1, 1986, interest shall be credited at the rate of five-twelfths of one per cent multiplied by the full number of months completed during such
calendar year, such interest rate to be applied to the value of contributions, including
any prior interest credits, as of the first day of such calendar year.
(3) Any judge who withdraws his contributions from the fund and is subsequently
reinstated shall not receive credited service for such prior time in office in the computation of any benefit under the retirement plan unless the withdrawn contributions have
been repaid with interest at a rate to be determined by the commission. Any judge who
was ineligible for retirement benefits at the time he became a judge and who has not
made contributions under this section, who becomes eligible, or whose spouse becomes
eligible, for any benefit under the retirement plan, shall receive credited service for any
time in office, provided such judge makes such contributions with interest at a rate to
be determined by the commission.
(1967, P.A. 558, S. 37; P.A. 75-184, S. 3; P.A. 79-454, S. 10, 12; P.A. 80-476, S. 47; 80-483, S. 118, 186; P.A. 82-309, S. 2; P.A. 86-242, S. 9; P.A. 94-98, S. 6.)
History: P.A. 75-184 added reference to Secs. 7-452 to 7-459; P.A. 79-454 added provision re credited service for time
in office contingent upon payment of contributions and interest determined by commission; P.A. 80-476 divided section
into Subsecs. and rephrased provisions; P.A. 80-483 made technical correction in Subsec. (d); P.A. 82-309 required payment
in four installments payable on or before last day of March, June, September and December of applicable year, except that
if the amount is less than one hundred dollars, remittance shall be made in one payment on or before December thirty-first, and delinquent contributions shall incur interest at the rate of twenty per cent; P.A. 86-242 amended Subsec. (d) by
adding provision for payment of interest on contributions withdrawn on or after October 1, 1986; Sec. 45-29l transferred
to Sec. 45a-45 in 1991; P.A. 94-98 amended Subsec. (a) by decreasing contribution to fund by judge from five to three
and three-quarters per cent of annual compensation and decreasing contribution from two and one-quarter per cent to one
per cent of portion of pay from which contributions to Federal Old Age and Survivors System are made.
Sec. 45a-46. (Formerly Sec. 45-29m). Refund of contributions after death. (a)
A member's contributions to the fund, without interest and less any retirement allowance
paid to him or his spouse, shall be paid from the fund on the order of the Retirement
Commission to the beneficiary or beneficiaries, if any, named by the member, in the
following cases: (1) The death before retirement of a member who has not elected an
option under the provisions of section 45a-43, or whose election of that option has not
become effective, or whose election of that option has become effective, but who has
not completed the age and service requirements that would permit him to retire on his
own application; or (2) the death of both a member whose election of that option has
become effective and his spouse after a retirement allowance has become payable.
(b) If no named beneficiary survives the member, or the survivor of the member
and his spouse, payment shall be made to the executors or administrators of the estate
of the member or his spouse, as the case may be, except that, if the amount is less than
one thousand dollars, the refund may be made in accordance with the terms of section
45a-273 at the option of the Retirement Commission.
(1967, P.A. 558, S. 38; P.A. 80-476, S. 48.)
History: P.A. 80-476 reordered and rephrased provisions, dividing section into Subsecs., but made no substantive
changes; Sec. 45-29m transferred to Sec. 45a-46 in 1991.
Sec. 45a-47. (Formerly Sec. 45-29n). Employment by more than one probate
court. (a) Any employee of a court of probate who accepts employment with another
court of probate shall be credited for retirement purposes with the entire period of his
service with all courts of probate and his contributions shall not be refunded to him as
provided in section 45a-44.
(b) The Retirement Commission shall make regulations regarding all matters relating to such transfers of employment and service as the commission finds necessary for
the uniform and equitable administration of this section, giving consideration to the
welfare of transferees and the interests of the courts.
(1967, P.A. 558, S. 39; P.A. 80-476, S. 49.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-29n transferred to Sec. 45a-47
in 1991.
Sec. 45a-48. (Formerly Sec. 45-29o). Benefits not assignable. Any assignment
by a member or beneficiary of any allowance or benefit payable under the terms of
sections 45a-34 to 45a-52, inclusive, shall be null and void. Each such allowance and
benefit shall be for the support of the member or beneficiary entitled to it and shall be
exempt from the claims of that person's creditors, provided, if the provisions of this
section are contrary to the laws governing a particular set of circumstances, as to that
set of circumstances, any allowance or benefit hereunder shall be exempt to the maximum extent permitted by law.
(1967, P.A. 558, S. 40; P.A. 80-476, S. 50.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-29o transferred to Sec. 45a-48 in 1991.
Sec. 45a-49. (Formerly Sec. 45-29p). Disposition of retirement contributions.
All contributions received pursuant to sections 45a-34 to 45a-52, inclusive, shall be
paid over by the Retirement Commission to the State Treasurer. The State Treasurer
shall be the custodian of the fund with power to invest and reinvest as much of the fund
as is not required for current disbursements in accordance with the provisions of part I
of chapter 32. All benefits, allowances, and other payments authorized by said sections
shall be made from the fund upon vouchers approved by the Retirement Commission.
(1967, P.A. 558, S. 41; 1972, P.A. 244, S. 9; P.A. 80-476, S. 51; P.A. 81-343, S. 6, 7.)
History: 1972 act authorized investments "when deemed prudent, in accordance with the law governing the investment
of trust funds"; P.A. 80-476 made slight change in wording; P.A. 81-343 substituted investments in accordance with Ch.
32, Pt. I for investments in accordance with laws governing savings banks and trust funds investments; Sec. 45-29p
transferred to Sec. 45a-49 in 1991.