CHAPTER 801
PROBATE COURT: ADMINISTRATIVE PROVISIONS

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). Probate districts. The probate districts of the state, for all purposes for which they were constituted, shall be as follows:

(a) Hartford County

(b) New Haven County

(c) New London County

(d) Fairfield County

(e) Windham County

(f) Litchfield County

(g) Middlesex County

(h) Tolland County

(i) Litchfield and Hartford Counties

      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, Norfolk, 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, Norfolk, North Canaan, Salisbury and Sharon.

      (P.A. 04-19, S. 2; P.A. 06-2, S. 2.)

      History: P.A. 04-19 effective April 16, 2004; P.A. 06-2 merged the probate district of Norfolk into the probate district of the Northwest Corner, effective March 15, 2006.

      Sec. 45a-6j. Probate district of Suffield-East Granby established. The towns of Suffield and East Granby 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 Suffield-East Granby. 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 Suffield-East Granby shall have the jurisdiction of all probate business arising in the towns of Suffield and East Granby.

      (P.A. 06-2, S. 3.)

      History: P.A. 06-2 effective March 15, 2006.

      Sec. 45a-6k. Probate district of Litchfield established. The towns of Litchfield, Kent, Morris and Warren 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 Litchfield. 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 Litchfield shall have the jurisdiction of all probate business arising in the towns of Litchfield, Kent, Morris and Warren.

      (P.A. 06-2, S. 4.)

      History: P.A. 06-2 effective March 15, 2006.

      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:

      Record imports verity. 64 C. 491. Effect of record of probating of will. 67 C. 90. Court permitted and even compelled to correct record to make it truthful. 72 C. 616; 81 C. 127. Order cannot be proved by parol. 76 C. 558; 77 C. 70. Jurisdictional facts must appear of record. 86 C. 351. Cited. 142 C. 383.

      Sec. 45a-8a. Regional children's probate courts. (a) For the purposes of this section, "children's matters" means: (1) Guardianship matters under sections 45a-603 to 45a-625, inclusive; (2) termination of parental rights matters under sections 45a-706 to 45a-719, inclusive; (3) adoption matters under sections 45a-724 to 45a-733, inclusive, 45a-736 and 45a-737; (4) claims for paternity under section 46b-172a; (5) emancipation matters under sections 46b-150 to 46b-150e, inclusive; and (6) voluntary admission matters under section 17a-11.

      (b) The Probate Court Administrator shall, within available resources, establish a regional children's probate court in a 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 court, the Probate Court Administrator shall consult with the probate judges of such districts, each of whom may participate on a voluntary basis.

      (c) In addition to the court established under subsection (b) of this section, the Probate Court Administrator may establish six additional regional children's probate courts in regions designated by the Probate Court Administrator. In establishing such courts, the Probate Court Administrator shall consult with the probate judges of the districts located in each designated region, each of whom may participate on a voluntary basis.

      (d) The Probate Court Administrator may establish a regional children's probate court under this section in (1) any existing probate court facility within a district located in a region, or (2) a separate facility located in a region as may be designated by the Probate Court Administrator. Each regional children's probate court shall be established and operated with the advice of the participating probate judges of such districts and the administrative judge appointed under subsection (g) of this section. Such participating probate judges and administrative judge shall serve as the judges of the regional children's probate court, except as provided in subdivision (1) of subsection (g) 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.

      (e) (1) For the purposes of this section, the Probate Court Administrator may, subject to the provisions of section 45a-84, expend from the Probate Court Administration Fund established under section 45a-82 such amounts as the Probate Court Administrator may deem reasonable and necessary for the establishment, improvement, maintenance and operations of court facilities located in each such designated region.

      (2) Nothing in this section shall be construed to relieve any town of its obligation to provide and maintain court facilities pursuant to section 45a-8.

      (f) The Probate Court Administrator may, subject to the provisions of section 45a-84, expend moneys from the Probate Court Administration Fund to pay for necessary improvements of a facility designated as a regional children's probate court under this section, to pay operating expenses of a regional children's probate court and to reimburse participating towns or cities for any costs of leasing office space for a regional children's probate court, and any necessary improvements thereto, and for expenses under subsection (g) of this section.

      (g) (1) The Probate Court Administrator, with the advice of the participating probate judges of the districts located in the designated region, shall appoint an administrative judge for each regional children's probate 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 such regional children's probate 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 Probate Court Administration Fund. 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) Each 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 probate court for which the administrative judge is appointed. 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 probate court. Such expenses shall be paid for pursuant to section 45a-8. If a separate facility for a regional children's probate court is established pursuant to subdivision (2) of subsection (d) 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.

      (h) Each administrative judge for a regional children's probate 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 probate court. Such employees shall be employees of the regional children's probate 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.

      (i) Any probate court within a region designated under subsection (b) or (c) of this section may transfer children's matters to the regional children's probate court for such region. Any regional children's probate court may accept transfers and referrals of children's matters from probate courts within its region.

      (j) Each regional children's probate court shall be considered a probate court for the purposes of this chapter.

      (k) The Probate Court Administrator shall establish policies and procedures to implement the provisions of this section. On or before January 3, 2007, the Probate Court Administrator shall submit a report concerning the operation and effectiveness of the regional children's probate courts established under this section 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; P.A. 05-225, S. 1.)

      History: P.A. 04-159 effective June 1, 2004; P.A. 05-225 made technical changes in Subsec. (a), amended Subsec. (b) by deleting provisions re pilot program in a single region and making conforming changes, added new Subsec. (c) re establishment of six additional regional courts, redesignated portion of Subsec. (b) as new Subsec. (d) and amended same by deleting provision re designated region and making conforming changes, added new Subsec. (e) re expenditures for establishment, improvement, maintenance and operations of regional court facilities, redesignated existing Subsecs. (c) to (h) as new Subsecs. (f) to (k) and made conforming and technical changes therein, amended Subsec. (i) by deleting provisions prohibiting transfer of new children's matters on or after July 1, 2007, and amended Subsec. (k) by deleting provisions re pilot program.

      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.

      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:

      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. Order by disqualified judge unappealed from held valid. 39 C. 257. Effect of fraud on provision. 66 C. 140; 91 C. 521. 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. Id., 681; 86 C. 281. Foreign judgment of probate court entitled to full credit. 81 C. 686. 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. Cited. 23 CA 174.

      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.

      Sec. 45a-50. (Formerly Sec. 45-29q). Administration of retirement allowances. (a) The administration of the system of retirement allowances herein established, except as the administration relates to the custody and investment of the fund, shall be entrusted to the Retirement Commission. The commission may employ actuarial, clerical and other assistance necessary for its purposes and may make reasonable regulations for carrying out the provisions of sections 45a-34 to 45a-52, inclusive, including designation of the times and manner in which the courts of probate shall make the payments required by said sections.

      (b) Each court of probate shall furnish, at the times and in the manner which the Retirement Commission directs, information concerning the names, ages, length of service and compensation of employees and judges of the probate courts and any other data which the Retirement Commission determines to be necessary for implementing said sections and give prompt notice of all appointments, removals, deaths, resignations, leaves of absence and changes in compensation of employees and judges.

      (1967, P.A. 558, S. 42; P.A. 80-476, S. 52.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions but made no substantive changes; Sec. 45-29q transferred to Sec. 45a-50 in 1991.

      Annotation to former section 45-29q:

      Primary standards relating to duties of retirement commission held adequate. 157 C. 150.

      Sec. 45a-51. (Formerly Sec. 45-29r). Liability of courts. (a) Each court of probate shall be liable to the fund for the cost of maintaining for its employees the retirement system herein provided for, including all contributions collected from amounts otherwise payable to employees and judges.

      (b) The liability of a court under this section shall be enforceable by the Retirement Commission through appropriate action in the Superior Court.

      (1967, P.A. 558, S. 43; P.A. 80-476, S. 53.)

      History: P.A. 80-476 divided section into Subsecs.; Sec. 45-29r transferred to Sec. 45a-51 in 1991.

      Sec. 45a-52. (Formerly Sec. 45-29s). Liability of retirement fund in event of statutory change. If any of sections 45a-34 to 45a-52, inclusive, are amended or repealed, the liability of the retirement fund to a member or person claiming through that member shall be limited to the contributions made by such member, with interest. All future retirement allowances vested by the retirement of members shall be paid in full in accordance with the terms of said sections. The rights of the Retirement Commission to compel the payment by the courts of probate of the sum or sums necessary to provide the retirement allowances granted to eligible employees and judges formerly employed by the courts of probate shall not be affected by such repeal or amendment.

      (1967, P.A. 558, S. 44; P.A. 80-476, S. 54; P.A. 88-155, S. 4.)

      History: P.A. 80-476 rephrased provisions but made no substantive changes; P.A. 88-155 specified that, in the event of amendment to or repeal of Secs. 45-29a to 45-29s, liability of fund to members or others person is the amount of contributions "with" interest, rather than "without" interest as was previously the case; Sec. 45-29s transferred to Sec. 45a-52 in 1991.

      Sec. 45a-53. (Formerly Sec. 45-29t). Service as judge and employee. If a person has served as a judge of probate, or acting judge of probate, or both, and also as an employee, and has completed at least ten years of credited service as defined in subsection (2) of section 45a-34, the average final compensation will be the three highest paid years of service.

      (1972, P.A. 244, S. 3; P.A. 77-40, S. 3; P.A. 79-454, S. 11, 12; P.A. 80-476, S. 55; P.A. 82-472, S. 125, 183; P.A. 84-546, S. 100, 173; P.A. 94-98, S. 7.)

      History: P.A. 77-40 required completion of twelve years' credited service and based compensation on both service as judge and service as employee, where previously compensation based on service as employee only and on three consecutive highest paid years as an employee; P.A. 79-454 reduced required years of service to ten; P.A. 80-476 made slight change in wording; P.A. 82-472 made technical change; P.A. 84-546 made technical change; Sec. 45-29t transferred to Sec. 45a-53 in 1991; P.A. 94-98 deleted reference to "subdivision (c)" of Sec. 45a-34(2) and deleted former provision re determination of average final compensation and provided that such compensation shall be the three highest paid years of service.

      Sec. 45a-54. (Formerly Sec. 45-29w). Credit for military service and General Assembly service. (a) Any judge or employee who is not yet receiving a retirement allowance may apply to the Retirement Commission for credit for service as a member of the General Assembly and for military service, consisting of war service, as defined in section 27-103 and subdivision (29) of section 5-196, and national emergency service as defined by law, provided credit for such military and General Assembly service shall not exceed three years in the aggregate. Any such application for credit for service as a member of the General Assembly must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1986, whichever is later. Any such application for credit for military service must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1994, whichever is later.

      (b) Upon receiving an application, the Retirement Commission shall grant credit for General Assembly and military service, provided: (1) The member who has performed such service has not received and will not receive a pension from any source other than the probate retirement system as a result of such service; (2) the member makes retirement contributions in an amount determined by the Retirement Commission to be sufficient to pay both the retirement contribution of the member as an employee or judge and the current service cost to the Probate Court Administration Fund for financing the pension credit for such period or periods; and (3) such contributions are paid during the twelve months following the member's application in the manner and subject to the requirements and penalties provided by section 45a-44 for employee members or section 45a-45 for judges.

      (c) For an employee member, the commission shall determine the amount of the contribution required, for the purposes of subsections (a) and (b) of this section, based on his annual rate of pay at the date of application. For a judge member, the commission shall determine said amount based on the average of the annual actual net income for the judge of his court, as determined from the income reports filed under section 45a-92, for the three calendar years prior to the date of application, except that if the judge applying for such credit has taken office in a probate district which has not been in existence for three years, the Probate Court Administrator initially shall estimate said annual net income; thereafter, such judge shall make or receive an adjustment in contributions, during the fourth calendar year of his service as a judge of probate, such that his retirement contributions for his purchased service credit shall be computed on the basis of the average of his annual actual net income for the first three calendar years of his service as a judge of probate.

      (P.A. 86-242, S. 2, 3; P.A. 93-279, S. 17; P.A. 96-168, S. 26, 34.)

      History: Sec. 45-29w transferred to Sec. 45a-54 in 1991; P.A. 93-279 amended Subsec. (a) by adding provision requiring application for credit for military service to be filed within one year of date when judge or employee first becomes a member or within one year of October 1, 1994, whichever is later; P.A. 96-168 amended Subsec. (a) to make technical change which changed the reference to "subsection (bb)" to "subdivision (29)", effective July 1, 1996.

      Sec. 45a-55. (Formerly Sec. 45-29x). Retirement benefit claims. Denial. Review. (a) Any claim for a pension or any other benefit which may become available in accordance with the provisions of 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, may be submitted in writing to the commission. Any such claim will be reviewed and decided by the commission. The claimant shall be advised of the processing status of his claim upon reasonable request.

      (b) If any claim is denied, a claimant may request that the decision be reviewed and reconsidered by the commission. Thereafter, any contested case shall be heard and decided in accordance with chapter 54.

      (P.A. 88-155, S. 5, 6.)

      History: Sec. 45-29x transferred to Sec. 45a-55 in 1991.

      Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical insurance and dental insurance plan. Eligibility. Payment of premium. Election to participate in dental insurance plan. (a) Notwithstanding the provisions of section 5-259, the Comptroller, with the approval of the Attorney General and the Insurance Commissioner, shall arrange and procure a group hospitalization and medical and surgical insurance and dental insurance plan for the probate judges and employees retirement system with coverage equal to that available under section 5-259, or otherwise available, to retired state employees and their spouses and surviving spouses.

      (b) Any member of the probate judges and employees retirement system who is retired and receiving benefits from such system, and the spouse of any such member, and upon the death of any such member, such member's surviving spouse, while receiving benefits from such system, may elect to participate in the group insurance plan procured by the Comptroller under subsection (a) of this section.

      (c) The premium charged for any such member and spouse or surviving spouse who elects to participate in the group hospitalization and medical and surgical portion of such coverage shall be paid from the retirement fund established pursuant to section 45a-35. Twenty per cent of the premium charged for any such member and spouse or surviving spouse who elects to participate in the group dental portion of such coverage shall be paid from said retirement fund, and the remainder of the premium for such coverage shall be paid by the participant.

      (d) Any such member and spouse or surviving spouse who is a participant in the group insurance plan in effect prior to October 1, 1994, may elect to participate in the plan set forth in subsection (a) of this section at the premiums set forth in subsection (c) of this section, provided such election is made within sixty days of October 1, 1994.

      (P.A. 88-155, S. 7; P.A. 94-98, S. 8; P.A. 05-288, S. 148, 149.)

      History: Sec. 45-29y transferred to Sec. 45a-56 in 1991; P.A. 94-98 amended Subsec. (a) to require comptroller to procure dental insurance plan for probate judges and employees retirement system, amended Subsec. (c) by eliminating provision re payment of fifty per cent of premium for group hospitalization and medical and surgical insurance and requiring payment of twenty per cent of premium charged for dental insurance from the retirement fund, and added Subsec. (d) re participation in dental insurance plan, requiring election to participate within sixty days of October 1, 1994; P.A. 05-288 made technical changes in Subsecs. (b) and (d), effective July 13, 2005.

      Sec. 45a-57. Hospitalization and medical and surgical insurance plan. Eligibility. Payment of premium. Section 45a-57 is repealed, effective January 1, 1997.

      (P.A. 93-232, S. 1; P.A. 96-110, S. 3, 4.)

      Secs. 45a-58 to 45a-61. Reserved for future use.

PART IV
COUNCIL ON PROBATE JUDICIAL CONDUCT

      Sec. 45a-62. (Formerly Sec. 45-11d). Council on Probate Judicial Conduct. (a) There shall be a Council on Probate Judicial Conduct to consist of one judge of probate elected by the judges of probate, one referee appointed by the Chief Justice from among the state referees who have retired from the Supreme Court or Superior Court, one person appointed by the Governor who shall be an attorney-at-law, admitted to practice in this state and actively engaged in the practice of law in this state for at least five years, and two persons appointed by the Governor who are not attorneys-at-law. Such appointments shall be made on October 1, 1975, and every four years thereafter.

      (b) The members of the council shall serve for terms of four years and if for any reason they fail to complete their terms, a successor shall be appointed for the remainder of such terms by the same appointing authority as was the member who was succeeded. The council shall elect a chairman from among its members to serve for a term of two years from the date of his election. Members of the council, except the referee appointed by the Chief Justice, shall receive compensation for their services not to exceed one hundred dollars per diem. The referee appointed by the Chief Justice shall be compensated as provided in section 52-434. All members shall be reimbursed for expenses incurred in the performance of their duties from the budget of the Probate Court Administration Fund.

      (P.A. 75-592, S. 1; P.A. 80-476, S. 20; P.A. 82-338, S. 1.)

      History: P.A. 80-476 divided section into Subsecs. and specified that appointments be made every four years; P.A. 82-338 amended Subsec. (b) to provide that all members receive compensation not to exceed one hundred dollars per diem, except that the referee appointed by the chief justice be compensated as provided in Sec. 52-434 where previously members received no compensation other than expenses; Sec. 45-11d transferred to Sec. 45a-62 in 1991.

      See Sec. 45a-68 re requirement that judges file statements of financial interest with council.

      Annotations to former section 45-11d:

      Cited. 192 C. 704. Cited. 193 C. 180. Cited. 215 C. 553.

      Sec. 45a-63. (Formerly Sec. 45-11e). Duties and powers of council re complaints against probate judges. (a) The Council on Probate Judicial Conduct shall investigate every written complaint brought before it alleging conduct of judges of probate which may violate any law or canon of ethics applicable to judges of probate, or failure to perform properly the duties of the office, or conduct prejudicial to the impartial and effective administration of justice which brings the judicial office in disrepute, or final conviction of a felony or of a misdemeanor involving moral turpitude, or disbarment or suspension as an attorney-at-law, or the wilful failure to file a financial statement or the filing of a fraudulent financial statement required under section 45a-68. In making any such investigation the council may use the services of the Division of State Police within the Department of Public Safety, or any chief inspector, inspector or investigator in the Division of Criminal Justice, or may engage the services of private investigators if it deems such services necessary.

      (b) If (1) the complaint filed involves the judge of probate who is a member of the council, the judge shall be disqualified from acting in his capacity as a council member in the investigation and hearing on the matter, or (2) a judge of probate who is a member of the council is unable to act for any other reason, a judge of probate shall be appointed to act in his stead by the president-judge of the Connecticut Probate Assembly. If a council member appointed by the Chief Justice disqualifies himself with regard to a matter before the council, or is unable to act for any other reason, the Chief Justice shall appoint a substitute member to act in connection with such matter. If a council member appointed by the Governor disqualifies himself with regard to a matter before the council, or is unable to act for any other reason, the Governor shall appoint a substitute member to act in connection with such matter. Any substitute shall satisfy the same criteria for selection as the disqualified member.

      (c) The council may engage the services of legal counsel who shall direct any investigation ordered by the council. Such counsel may conduct the examination of witnesses, present any evidence deemed relevant, cross-examine witnesses presented by any person and perform such other duties as the council deems necessary for the conduct of its business.

      (d) The council shall not later than five days after receipt of such complaint or motion of the council notify by registered or certified mail any judge against whom such complaint is filed or motion is made and a copy of such complaint or motion shall accompany such notice. The council shall also notify the complainant of its receipt of such complaint not later than five days thereafter. Any investigation to determine whether or not there is probable cause that judicial misconduct under subsection (a) of this section has been committed shall be confidential and any individual called by the council for the purpose of providing information shall not disclose his knowledge of such investigation to a third party unless the judge requests that such investigation and disclosure be open. The judge shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause to believe that he has committed an act of judicial misconduct under subsection (a) of this section. The judge shall also have the right to be represented by legal counsel and examine and cross-examine witnesses.

      (e) The council shall, not later than three business days after the termination of such investigation, notify the complainant and the judge that the investigation has been terminated and whether probable cause has been found that judicial misconduct under subsection (a) has been committed. If the council finds that judicial misconduct under subsection (a) of this section has not been committed, but the judge has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice, the council may issue a private admonishment to the judge recommending a change in judicial conduct or practice.

      (P.A. 75-592, S. 2; P.A. 77-604, S. 27, 84; 77-614, S. 486, 610; P.A. 78-281, S. 4; P.A. 80-476, S. 21; P.A. 82-338, S. 2; P.A. 83-379, S. 1; P.A. 85-114; P.A. 90-35, S. 1.)

      History: P.A. 77-604 replaced reference to detectives with reference to chief inspectors and inspectors; P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 78-281 authorized investigation of wilful failure to file or filing of fraudulent financial statement; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 82-338 amended Subsec. (b) to permit council to hire private investigators if it deems such services necessary and added Subsec. (d) permitting employment of legal counsel to direct investigation ordered by council; P.A. 83-379 deleted former Subsec. (a), relettering former Subsecs. (b) to (d) accordingly, adding provision requiring council to investigate every written complaint and adding "conduct prejudicial to the impartial and effective administration of justice", "final conviction of a felony or of a misdemeanor involving moral turpitude" and "disbarment or suspension as an attorney at law" as grounds for complaint, and added Subsecs. (d) and (e) re notification of judge against whom complaint is filed and of complainant, confidentiality of investigation to determine probable cause, right to a hearing and counsel and issuance of an admonishment; P.A. 85-114 amended Subsec. (e) to require notification re probable cause; P.A. 90-35 amended Subsec. (b) by adding provision re appointment of substitute members of the council if member disqualifies himself or is unable to act for any other reason and amended Subsecs. (d) and (e) by changing "conduct" to "misconduct" and adding "private" before "admonishment"; Sec. 45-11e transferred to Sec. 45a-63 in 1991.

      Annotations to former section 45-11e:

      Cited. 193 C. 180. Cited. 215 C. 553. Cited. 240 C. 157.

      Subsec. (b):

      Cited. 192 C. 704.

      Annotation to present section:

      Cited. 240 C. 157.

      Sec. 45a-63a. Limitation of complaint for judicial misconduct. No complaint for judicial misconduct against a judge of probate shall be brought under section 45a-63 but within eight years from the date the alleged judicial misconduct was committed.

      (P.A. 90-35, S. 4.)

      Sec. 45a-64. (Formerly Sec. 45-11f). Hearing. If a preliminary investigation indicates that probable cause exists that the judge has committed an act of judicial misconduct under section 45a-63, the council shall hold a hearing concerning the misconduct or complaint. All hearings held pursuant to this section shall be open. The council shall make a record of all proceedings pursuant to this section. The council shall, not later than fifteen days after the close of such hearing, publish its findings together with a memorandum of its reasons therefor. Any judge of probate who is under investigation and who appears before the hearing shall be entitled to counsel, shall be entitled to present evidence, and shall have the right to cross-examine witnesses.

      (P.A. 75-592, S. 3; P.A. 80-476, S. 22; P.A. 82-338, S. 3; P.A. 83-379, S. 2; P.A. 90-35, S. 2.)

      History: P.A. 80-476 reworded provisions but made no substantive change; P.A. 82-338 specified that decisions of council are not public records, "except as provided in subsection (f) of section 45-11g"; P.A. 83-379 revised provisions re hearing after a determination of probable cause, requiring that all hearings be open, that the council publish its findings together with a memorandum not later than fifteen days after the close of the hearing and that judge under investigation is entitled to present evidence; P.A. 90-35 changed "is guilty of judicial conduct" to "has committed judicial misconduct" and changed "conduct" to "misconduct"; Sec. 45-11f transferred to Sec. 45a-64 in 1991.

      Annotations to former section 45-11f:

      Cited. 193 C. 180. Cited. 215 C. 553.

      Annotation to present section:

      Cited. 224 C 29.

      Sec. 45a-65. (Formerly Sec. 45-11g). Report of council's findings. Public admonishment; private admonishment; public censure; impeachment; exoneration. (a) The council shall, after the hearing provided under section 45a-64, prepare a report of its investigation and a recommendation as to whether the judge of probate investigated should be publicly admonished, publicly censured or exonerated of the allegations of the complaint. If the council finds that judicial misconduct under subsection (a) of section 45a-63, has not been committed, but the judge has acted in a manner which gives the appearance of impropriety or constitutes an unfavorable judicial practice, the council may issue a private admonishment to the judge recommending a change in judicial conduct or practice.

      (b) If public admonishment or public censure is recommended, the chairman shall prepare and forward the admonishment or censure in writing to the judge of probate being admonished or censured, signing the admonishment or censure as chairman of the council. A judge may, within twenty days after receiving notice of public admonishment or censure by the council, appeal to the Supreme Court of Connecticut. A judge filing an appeal shall give notice of its filing to the council before the expiration of time for filing of an appeal. The council shall, within two weeks following receipt of notice of an appeal, file a finding of fact and conclusions therefrom. A copy of the admonishment or censure shall be furnished the Chief Justice, the Chief Court Administrator, the Probate Court Administrator, the president-judge of the Connecticut Probate Assembly, the town clerk or clerk in each town in the district served by such judge of probate and the complainant.

      (c) If, in the judgment of the council, the facts so warrant, it may recommend to the House of Representatives the institution of impeachment proceedings.

      (d) If the council exonerates a judge of probate, a copy of the proceedings and report of the council shall be furnished to the judge, the Probate Court Administrator and the complainant.

      (e) Except as provided in subsections (d) and (e) of section 45a-63, all decisions of the council shall be public record and shall be available for inspection at the office of the Probate Court Administrator.

      (P.A. 75-592, S. 4; P.A. 80-476, S. 23; P.A. 82-338, S. 4; P.A. 83-379, S. 3; P.A. 90-35, S. 3.)

      History: P.A. 80-476 redesignated Subsecs. and reworded provisions but made no substantive change; P.A. 82-338 added provisions re public reprimand of judges, required copy of reprimand to be furnished to town clerk and complainant, required copy of censure to be furnished complainant, required copy of proceedings and report of exoneration to be furnished to the probate court administrator and complainant and provided all decisions of council shall be public record, except as provided in Subsecs. (b) and (c); P.A. 83-379 amended Subsec. (a) by adding provisions re admonishment, amended Subsec. (b) by adding "or censure" and deleting provision re stay of publication of censure during pendency of appeal and deleted provisions of Subsec. (c) re public censure; P.A. 90-35 changed "public reprimand" to "public admonishment", added "private" before "admonishment" and changed "conduct" to "misconduct"; Sec. 45-11g transferred to Sec. 45a-65 in 1991.

      Annotations to former section 45-11g:

      Cited. 192 C. 704. Cited. 193 C. 180. Cited. 215 C. 553.

      Sec. 45a-66. (Formerly Sec. 45-11h). Witnesses before council. Any person may be compelled, by subpoena signed by competent authority, to appear before the council to testify regarding any complaint brought to or by the council under section 45a-63, and also to produce before the council, for examination, any books or papers, which in the judgment of the council or any judges of probate under investigation, are relevant to the inquiry, investigation or hearing. While engaged in the discharge of its duties, the council shall have the same authority over witnesses as is provided in section 51-35 and may commit for contempt for a period of no longer than thirty days.

      (P.A. 75-592, S. 5; P.A. 80-476, S. 24.)

      History: P.A. 80-476 reworded provisions but made no substantive change; Sec. 45-11h transferred to Sec. 45a-66 in 1991.

      Annotation to former section 45-11h:

      Cited. 193 C. 180.

      Annotation to present section:

      Cited. 222 C. 799.

      Sec. 45a-67. (Formerly Sec. 45-11i). Expenses of council paid from probate fund. Any sums expended to implement the provisions of sections 45a-62 to 45a-66, inclusive, shall be appropriated from the Probate Court Administration Fund established in accordance with section 45a-82.

      (P.A. 75-592, S. 6; P.A. 80-476, S. 25.)

      History: P.A. 80-476 made no change; Sec. 45-11i transferred to Sec. 45a-67 in 1991.

      Annotation to former section 45-11i:

      Cited. 193 C. 180.

      Sec. 45a-68. (Formerly Sec. 45-11j). Judge to file statement of financial interests. (a) Each judge of a court of probate shall file under penalty of false statement, a statement of financial interests for the preceding calendar year with the Council on Probate Judicial Conduct established in section 45a-62, on or before April fifteenth next following for any year in which the judge holds such position.

      (b) The statement shall be on a form provided by the Council on Probate Judicial Conduct and shall include the following information for the preceding calendar year regarding the judge, his or her spouse and the dependent children living in his or her household: (1) The name of all businesses with which the judge, his or her spouse or any such child is associated; (2) the category or type of all sources of his or her income and that of his or her spouse or each child, in excess of one thousand dollars, but amounts of income need not be specified, and the names and addresses of specific clients and customers who provide more than five thousand dollars of income, but amounts of income need not be specified; (3) the name of each security in excess of five thousand dollars at fair market value owned by the judge or spouse or any such child or held in the name of a corporation, partnership or trust for the benefit of the judge, his or her spouse or any such child except in the case of a trust established by the judge, spouse or child for the purpose of divesting the judge or his or her spouse or any such child of all control and knowledge of the judge's, spouse's or child's assets in order to avoid a conflict of interest during the judge's term of office, but only the existence of such trust and the name of the trustee shall be included, and the value need not be specified; (4) all real property and its location, whether owned by the judge, his or her spouse or any such child or held in the name of a corporation, partnership or trust for the benefit of the judge, spouse or child. Each such judge shall file a disclosure of any fees or honorariums received for his or her own or his or her spouse's or child's appearance or the delivery of an address to any meeting of any organization within thirty days after receipt of the fee or honorarium.

      (c) The statement or disclosure filed pursuant to this section shall be a matter of public information, except that the list of names filed in accordance with subdivision (2) of subsection (b) of this section shall be sealed and confidential and for the use of the council only if an investigation has been initiated or a hearing is held under section 45a-63 and the council is of the opinion that disclosure of such list is germane to its investigation or hearing, or both. The list may also be subject to a subpoena in any criminal prosecution or impeachment proceedings.

      (d) The financial statement and disclosure, except as otherwise provided in this section, shall be open to inspection at the office of the Probate Court Administrator.

      (P.A. 78-281, S. 2; P.A. 80-476, S. 17.)

      History: P.A. 80-476 reworded provisions and added reference to "disclosure" in Subsecs. (c) and (d); Sec. 45-11j transferred to Sec. 45a-68 in 1991.

      Annotation to former section 45-11j:

      Cited. 192 C. 704.

      Secs. 45a-69 to 45a-73. Reserved for future use.

PART V
PROBATE COURT ADMINISTRATOR

      Sec. 45a-74. (Formerly Sec. 45-3a). Probate Court Administrator. Appointment and term. (a) There shall be a Probate Court Administrator who shall be appointed from among the judges of the several courts of probate by the Chief Justice of the Supreme Court to serve at his pleasure. If the Probate Court Administrator is unable by reason of sickness, absence or other disability to perform the duties of his office, or if there is a vacancy in the office of Probate Court Administrator, the Chief Justice shall designate another judge of a court of probate to act in his stead until he resumes his duties or until a new Probate Court Administrator is appointed.

      (b) The Probate Court Administrator shall devote full time to the duties of his office except that he may serve as a judge of probate but shall not engage in the private practice of law. Any Probate Court Administrator who ceases to serve as a judge of probate may continue to serve as Probate Court Administrator at the pleasure of the Chief Justice.

      (P.A. 73-365, S. 1; P.A. 74-94, S. 1, 5; P.A. 80-476, S. 26.)

      History: P.A. 74-94 specified that administrator shall devote full time to duties, that he may be a judge of probate but not engage in private practice of law and that if he ceases to be a probate judge he may continue to hold office as administrator at chief justice's pleasure; P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-3a transferred to Sec. 45a-74 in 1991.

      Sec. 45a-75. (Formerly Sec. 45-29u). Probate Court Administrator, salary and benefits. (a) The Probate Court Administrator shall be paid by the Judicial Department and shall be compensated in the same manner and amount as a Superior Court judge as provided in section 51-47. For the purposes of computing longevity payments under the provisions of section 51-47, the date of appointment as Probate Court Administrator shall be used to determine years of service.

      (b) The Probate Court Administrator shall receive: (1) Retirement benefits provided in sections 51-49 to 51-50b, inclusive, and section 51-51; (2) life insurance benefits provided in section 5-257; (3) medical insurance benefits as provided in section 5-259; and (4) any other benefits which may be established for Superior Court judges by the General Assembly or by the Judicial Department.

      (c) The Judicial Department shall be reimbursed for such salary and benefits by transfer from the fund established in section 45a-82. Any Probate Court Administrator, who upon his retirement is not eligible to participate in the retirement benefits provided in sections 51-50 and 51-50a, may elect to participate in the benefits of sections 45a-34 to 45a-53, inclusive. Any contributions paid to the General Fund in accordance with section 51-50b shall be transferred to the fund established under section 45a-82. Any Probate Court Administrator who has elected retirement under the provisions of section 51-50 shall not be eligible for retirement benefits under sections 45a-34 to 45a-53, inclusive. All sums which have been paid into the retirement fund for judges of probate by a probate judge who becomes Probate Court Administrator shall be transferred to the General Fund as specified in section 51-50b. For the purposes of fulfilling the time requirements for retirement set forth in sections 51-49 to 51-50b, inclusive, service by the Probate Court Administrator as a judge of probate before his appointment as administrator shall be included.

      (d) If a Probate Court Administrator ceases to be Probate Court Administrator for any reason other than retirement, he may participate in the benefits established in sections 45a-34 to 45a-53, inclusive, and any contributions paid to the General Fund in accordance with section 51-50b shall be transferred to the fund established under section 45a-82. For the purposes of fulfilling the time requirements of section 45a-38, 45a-39 or 45a-40, service as Probate Court Administrator shall be credited as service as a judge of probate.

      (P.A. 74-94, S. 4, 5; P.A. 76-436, S. 639, 681; P.A. 80-194; 80-476, S. 27; P.A. 85-137, S. 1, 2.)

      History: P.A. 76-436 specified compensation of administrator is same as for a superior court judge "who has served the maximum number of years for the highest salary provided in section 51-47" rather than as for a superior court judge "including the salary provided in section 51-47", effective July 1, 1978; P.A. 80-194 substituted reference to Secs. 51-49 to 51-50b for reference to Secs. 51-50 and 51-50a; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 85-137 added provision re computation of longevity payments payable under Sec. 51-47 on or after July 1, 1984; Sec. 45-29u transferred to Sec. 45a-75 in 1991.

      Annotations to former section 45-29u:

      Cited. 213 C. 54. Cited. 214 C. 552.

      Sec. 45a-76. (Formerly Sec. 45-4e). Annual report by Probate Court Administrator. The Probate Court Administrator shall file with the Chief Court Administrator, on or before the first day of April of each year, a report of the business of the office of the Probate Court Administrator during the year ending on the previous thirty-first day of December, together with any information which the Chief Court Administrator may request.

      (1967, P.A. 558, S. 9; P.A. 80-476, S. 28; P.A. 93-279, S. 2.)

      History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4e transferred to Sec. 45a-76 in 1991; P.A. 93-279 deleted provisions re duties of administrator to attend to matters necessary for efficient operation of courts and expeditious dispatch and proper conduct of business of courts and to make recommendations to general assembly re statutory changes to improve administration of courts.

      Annotation to former section 45-4e:

      Cited. 157 C. 159.

      Sec. 45a-77. (Formerly Sec. 45-4d). Powers of administrator. Legislative recommendations. Regulations. Administrator to review procedures of probate courts. (a) The Probate Court Administrator may attend to any matters which the Probate Court Administrator deems necessary for the efficient operation of courts of probate and for the expeditious dispatch and proper conduct of the business of those courts. The Probate Court Administrator may make recommendations to the General Assembly for legislation for the improvement of the administration of the courts of probate.

      (b) (1) The Probate Court Administrator may issue regulations, provided such regulations are approved in accordance with this subsection. Such regulations shall be binding on all courts of probate and shall concern the auditing, accounting, statistical, billing, recording, filing and other court procedures. (2) The Probate Court Administrator may adopt regulations, in accordance with chapter 54, provided such regulations are approved in accordance with this subsection. Such regulations shall be binding on all courts of probate and shall concern the availability of judges, court facilities, court personnel and records, hours of court operation and telephone service. (3) Either the Probate Court Administrator or the executive committee of the Probate Assembly may propose such regulations. Any regulation proposed by the Probate Court Administrator shall be submitted to the executive committee of the Probate Assembly for approval. Any regulation proposed by the executive committee of the Probate Assembly shall be submitted to the Probate Court Administrator for approval. If either the Probate Court Administrator or the executive committee of the Probate Assembly fails to approve a proposed regulation, such proposed regulation may be submitted to a panel of three Superior Court judges appointed by the Chief Justice of the Supreme Court. The panel of judges, after consideration of the positions of the Probate Court Administrator and the executive committee of the Probate Assembly, shall either approve the proposed regulation or reject the proposed regulation.

      (c) The Probate Court Administrator shall regularly review the auditing, accounting, statistical, billing, recording, filing and other procedures of the several courts of probate.

      (d) The Probate Court Administrator shall, personally, or by an authorized designee of the Probate Court Administrator who has been admitted to the practice of law in this state for at least five years, visit each court of probate at least once during each two-year period to examine the records and files of such court in the presence of the judge of the court or the judge's authorized designee. The Probate Court Administrator shall make whatever additional inquiries are deemed appropriate, to ascertain whether the business of the court, including the charging of costs and payments to the State Treasurer, has been conducted in accordance with law, rules of the courts of probate and the canons of judicial ethics, and to obtain information concerning the business of the courts of probate which is necessary for the administrator to perform properly the duties of the office.

      (1967, P.A. 558, S. 8; 1971, P.A. 109; P.A. 80-476, S. 29; P.A. 81-472, S. 76, 159; P.A. 91-26; P.A. 93-279, S. 3; 93-435, S. 87.)

      History: 1971 act required that designee have been practicing in state for at least five years and required examination of each courts' records, etc. biennially (during even-numbered years) rather than annually; P.A. 80-476 divided section into Subsecs. and reordered and reworded provisions; P.A. 81-472 made technical changes; Sec. 45-4d transferred to Sec. 45a-77 in 1991; P.A. 91-26 amended Subsec. (b) by deleting "even-numbered year" and inserting "two-year period" in lieu thereof; P.A. 93-279 inserted new Subsec. (a) re duties of probate court administrator re matters necessary for efficient operation of probate court and recommendations to general assembly re legislation for improvement of probate courts and Subsec. (b) re regulations and procedures for adoption and approval, relettering prior Subsecs. as (c) and (d) and making technical changes; P.A. 93-435 amended the section by dividing Subsec. (b) into Subdivs. and making minor technical changes.

      Annotation to former section 45-4d:

      Standards established by section 51-5 and this section held adequate for delegation of these powers to probate court administrator by general assembly. 157 C. 150.

      Sec. 45a-78. (Formerly Sec. 45-4f). Rules for probate practice and procedure. Practice book. (a) The Probate Court Administrator shall, from time to time, recommend to the judges of the Supreme Court, for adoption and promulgation pursuant to the provisions of section 51-14, uniform rules for practice and procedure in the courts of probate. Any rules for practice and procedure so adopted and promulgated shall be mandatory upon all courts of probate. To assist him in formulating such recommendations, the Probate Court Administrator shall meet with the Probate Assembly at least annually, and may meet with members of the bar of this state and with the general public.

      (b) The Probate Court Administrator shall, from time to time, compile into a probate practice book all rules regarding practice and procedure in the courts of probate and all forms prescribed for use in probate courts. The Probate Court Administrator shall cause the probate practice book to be published, shall pay for the probate practice book from the fund established under section 45a-82 and shall sell the probate practice book, at a price determined by the Probate Court Administrator. The proceeds from the sales shall be added to and shall become a part of said fund.

      (1967, P.A. 558, S. 10, 11; P.A. 80-476, S. 30; P.A. 04-257, S. 67.)

      History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4f transferred to Sec. 45a-78 in 1991; P.A. 04-257 made technical changes in Subsec. (b), effective June 14, 2004.

      Annotations to former section 45-4f:

      Cited. 192 C. 234.

      Subsec. (a):

      General assembly may delegate its rule-making power for lower courts. 157 C. 150.

      Sec. 45a-79. (Formerly Sec. 45-4g). Probate judges and court employees to cooperate with administrator. The judges and employees of the various courts of probate, and the officers and employees of the Probate Assembly, shall cooperate with the Probate Court Administrator and shall provide the administrator or his assistants with information and statistical data bearing on the business of the probate courts which he requests, except for information which is deemed confidential under the laws of this state.

      (1967, P.A. 558, S. 12; 1969, P.A. 323, S. 1; P.A. 80-476, S. 31.)

      History: 1969 act removed information concerning commitments to mental institutions from exception to disclosure provision; P.A. 80-476 excepted information deemed confidential under state law rather than "confidential information involving adoptions" and reworded provision; Sec. 45-4g transferred to Sec. 45a-79 in 1991.

      Sec. 45a-80. (Formerly Sec. 45-4a). Office space. (a) The Commissioner of Public Works shall provide such office space for the conduct of the duties of the office of the Probate Court Administrator as the Probate Court Administrator approves. The expenses of the office space shall be paid from the fund established under section 45a-82.

      (b) The Probate Court Administrator shall purchase furniture, stationery, office supplies, typewriters, filing cabinets and such other equipment, apparatus and supplies, contractual services and other services as the Probate Court Administrator deems necessary or advisable for the expeditious conduct of the duties of the office and shall pay for them from the fund established under section 45a-82, subject to the provisions of section 45a-83.

      (1967, P.A. 558, S. 5; P.A. 77-258, S. 1; 77-614, S. 73, 610; P.A. 80-476, S. 32; P.A. 81-472, S. 74, 159; P.A. 87-496, S. 102, 110; P.A. 93-279, S. 4; P.A. 04-257, S. 68.)

      History: P.A. 77-258 authorized purchase of "contractual services and such other services" as the administrator deems necessary and added proviso limiting expenditures made without chief court administrator's approval; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 80-476 substituted "office space" for "quarters" and reworded provisions; P.A. 81-472 made technical changes; P.A. 87-496 substituted "public works" for "administrative services" commissioner in Subsec. (a); Sec. 45-4a transferred to Sec. 45a-80 in 1991; P.A. 93-279 deleted provision in Subsec. (b) that probate court administrator shall make no expenditure exceeding one hundred dollars without approval of chief court administrator; P.A. 04-257 made technical changes, effective June 14, 2004.

      Sec. 45a-81. (Formerly Sec. 45-4b). Assistants and clerical help for Probate Court Administrator. (a) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall appoint and fix the compensation of assistants and clerical help necessary to enable him to perform the duties of the office.

      (b) Any such assistants who are attorneys-at-law shall be admitted to the practice of law in this state and shall not engage, directly or indirectly, in the practice of law before any court of probate.

      (c) The assistants and clerical help so appointed may be employed by the Probate Court Administrator as employees of the Judicial Department.

      (d) The executive secretary of the Judicial Department shall, on notice from the Probate Court Administrator, include the assistants and clerical help on the payroll of the Judicial Department. On presentation of vouchers by the executive secretary of the Judicial Department to the Probate Court Administrator, he shall reimburse the Judicial Department, from the fund established under section 45a-82, for the salary and benefits paid by the Judicial Department to or for the assistants and clerical help included on the Judicial Department payroll.

      (e) The assistants and clerical help shall be members of the state employees retirement system and, on presentation of vouchers by the chief of the Retirement Division to the Probate Court Administrator, the administrator shall reimburse the State Employees Retirement Fund from the fund established under section 45a-82 for retirement benefits paid to the assistants and clerical help which exceed the contribution to the State Employees Retirement Fund by the assistants and clerical help.

      (1967, P.A. 558, S. 6; 1969, P.A. 160, S. 1; P.A. 77-258, S. 2; P.A. 80-476, S. 33; P.A. 81-472, S. 75, 159.)

      History: 1969 act amplified provisions re employment of assistants and clerical help as to their inclusion as judicial department employees, reimbursement to judicial department of salaries and benefits amounts, inclusion in retirement system, etc. and deleted provision which had required that employees' and assistants' compensation be paid from trust fund established under Sec. 45-4h; P.A. 77-258 specified assistants who are attorneys at law; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 81-472 made technical changes; Sec. 45-4b transferred to Sec. 45a-81 in 1991.

      Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund and General Fund. Annual accounting. Transfer to court of probate for financial assistance. Regulations. (a) The Probate Court Administration Fund is established, to consist of the amounts hereinafter provided, to be paid over as herein provided to the State Treasurer.

      (b) The State Treasurer shall be the custodian of the fund, with power to administer it, and to invest and reinvest as much of said fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment of savings banks.

      (c) All payments from said fund authorized by sections 5-259, 17a-77, 17a-274, 17a-498, 17a-510, 19a-131b, 19a-131e, 19a-221, 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-152, 45a-175 to 45a-180, inclusive, 45a-199 and 45a-202, shall be made upon vouchers approved by the Probate Court Administrator.

      (d) Monthly there shall be transferred from the fund established by this section to the retirement fund established by section 45a-35 not less than sufficient moneys, taking into account receipts by said retirement fund under the provisions of sections 45a-44 and 45a-45, to enable said retirement fund to meet its obligations as estimated by the Retirement Commission, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis.

      (e) On or before July first annually, the Retirement Commission shall certify to the State Treasurer, on the basis of an actuarial determination, the amount to be transferred to the retirement fund to maintain the actuarial funding program adopted by the Retirement Commission.

      (f) In addition to the aforesaid payments, there shall be transferred from time to time from the fund established by this section to the retirement fund established by section 45a-35 such amounts as are determined by the Probate Court Administrator not to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83, inclusive, until the Retirement Commission certifies that the retirement fund is on a sound actuarial basis. Thereafter there shall be transferred from time to time from the fund established by this section to the General Fund such amounts as are determined by the Probate Court Administrator not to be required for the purposes of said sections.

      (g) If at any time thereafter the Retirement Commission certifies that the retirement fund established by section 45a-35 is no longer on a sound actuarial basis, transfers from this fund to the retirement fund shall be resumed until the Retirement Commission again certifies that said retirement fund is on a sound actuarial basis, at which time transfers from this fund to the General Fund shall be resumed.

      (h) All payments of assessments imposed by section 45a-92 with respect to income received by any judge of probate on or after January 1, 1968, shall be paid in accordance with the schedule set forth in section 45a-92.

      (i) The State Treasurer shall, on or before October first, annually, give an accounting of the Probate Court Administration Fund, showing the receipts and disbursements and the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut Probate Assembly and to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

      (j) In the event that any court of probate otherwise receives income which is insufficient to meet, on an ongoing basis, the reasonable and necessary financial needs of that court, including the salaries of the judge and the judge's staff, there shall be transferred from time to time from the Probate Court Administration Fund such amounts as are determined by the Probate Court Administrator to be reasonable and necessary for the proper administration of each such court. Except as provided in subsection (k) of section 45a-92, the judge's annual salary shall not exceed the average annual salary of such judge for the three-year period next preceding the request for financial assistance or the product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined in subsection (c) of section 45a-92, whichever is greater, but not to exceed the annual compensation provided in subsection (k) of section 45a-92.

      (k) Each judge of probate requesting financial assistance at any time during any calendar year shall file with the Probate Court Administrator a sworn statement showing the actual gross receipts and itemized expenses of the judge's court and the amount requested, together with an explanation therefor. The Probate Court Administrator may approve and issue an invoice to the State Comptroller pursuant to subsection (c) of this section, authorizing payment to the court of probate in such amounts as shall have been approved by the Probate Court Administrator.

      (l) The Probate Court Administrator may issue regulations pursuant to subdivision (1) of subsection (b) of section 45a-77 in order to carry out the intent of subsections (j) and (k) of this section.

      (1967, P.A. 558, S. 20; 1972, P.A. 244, S. 1; P.A. 73-301, S. 1, 2; P.A. 80-476, S. 34; P.A. 87-333, S. 2; P.A. 89-326, S. 1, 7; P.A. 92-118, S. 2; P.A. 93-232, S. 2; P.A. 96-110, S. 2, 4; 96-170, S. 1, 23; P.A. 97-90, S. 5, 6; P.A. 01-127, S. 3; P.A. 03-236, S. 14; P.A. 04-257, S. 69; P.A. 05-288, S. 150.)

      History: 1972 act deleted obsolete provisions re transfer of moneys of probate assembly to state treasurer and of moneys to retirement fund sufficient to meet obligations for three months and added provision re annual certification of amount to be transferred to retirement fund to maintain the actuarial funding program; P.A. 73-301 deleted reference to payments from fund authorized by Sec. 45-12a and reference to July 1, 1972, as date for initial annual certification of amount to be transferred to retirement fund and added provision re treasurer's annual accounting of fund status to probate assembly and judiciary committee; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; P.A. 87-333 amended Subsec. (c) by deleting reference to "sections 45-4a to 45-4i, inclusive" and inserting reference to chapters 774 and 794 in lieu thereof; P.A. 89-326 amended Subsec. (c) to include payments authorized by Secs. 17-178, 17-192, 17-205d and 19a-448; Sec. 45-4h transferred to Sec. 45a-82 in 1991; P.A. 92-118 amended Subsec. (f) by changing "45a-21" to "45a-20"; P.A. 93-232 added reference to Sec. 45a-57; P.A. 96-110 amended Subsec. (c) by adding reference to Sec. 5-259 and changing reference to Sec. 45a-57 to 45a-56, effective January 1, 1997; P.A. 96-170 added Subsecs. (j), (k) and (l) re transfer of funds from private administration fund when income of court of probate insufficient to meet financial needs, requiring probate judge requesting financial assistance to file sworn statement re gross receipts and expenses of court and amount requested and allowing Probate Court Administrator to issue regulations re financial assistance to probate courts, effective July 1, 1998; P.A. 97-90 changed effective date of P.A. 96-170, S. 1 from July 1, 1998, to July 1, 1997; P.A. 01-127 amended Subsec. (j) by adding alternative method of computation of maximum salary by product of multiplication of fifteen dollars by annual weighted-workload of court, whichever is greater, but not to exceed annual compensation in Sec. 45a-92(k); P.A. 03-236 amended Subsec. (c) by adding references to Secs. 19a-131b and 19a-131e, effective July 9, 2003; P.A. 04-257 made technical changes in Subsec. (i), effective June 14, 2004; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      Sec. 45a-83. (Formerly Sec. 45-4i). Payment of expenses. Transfers from General Fund. If at any time the fund established under section 45a-82 is insufficient to pay the several charges to be paid from it, the Comptroller shall draw his order on the Treasurer for payment, from the General Fund, of such sums as are necessary to pay such charges. When the amount in the fund established under said section is more than sufficient to meet the requirements imposed upon it by law, other than amounts which are required to make the retirement fund established under section 45a-35 actuarially sound, all as certified by the Probate Court Administrator, there shall be paid over to the General Fund from the fund established under section 45a-82 any moneys paid from the General Fund under this section.

      (1967, P.A. 558, S. 55; P.A. 80-476, S. 35; P.A. 04-257, S. 70.)

      History: P.A. 80-476 reworded provisions but made no substantive changes; Sec. 45-4i transferred to Sec. 45a-83 in 1991; P.A. 04-257 made technical changes, effective June 14, 2004.

      Sec. 45a-84. Administrator to prepare annual proposed budget. Review by Probate Assembly. Final budget to Chief Court Administrator for approval. Request to Chief Court Administrator for authorization to expend additional moneys for emergencies. (a) On or before April first of each year, the Probate Court Administrator shall prepare a proposed budget for the next succeeding fiscal year beginning July first, for the appropriate expenditures of funds from the Probate Court Administration Fund to carry out the statutory duties of the Probate Court Administrator. The Probate Court Administrator shall submit the proposed budget to the executive committee of the Probate Assembly for review. The executive committee shall return the proposed budget to the Probate Court Administrator no later than May first, together with its comments and recommendations concerning the proposed expenditures. The Probate Court Administrator shall thereafter prepare a proposed final budget, including such changes recommended by the executive committee as the Probate Court Administrator deems appropriate. On or before May fifteenth, the Probate Court Administrator shall transmit the proposed final budget to the Chief Court Administrator for approval, together with the comments and recommendations of the executive committee of the Probate Assembly. On or before June fifteenth of that year, the Chief Court Administrator shall take such action on the budget, or any portion thereof, as the Chief Court Administrator deems appropriate. If the Chief Court Administrator fails to act on the proposed budget on or before June fifteenth, the budget shall be deemed approved as proposed.

      (b) The Probate Court Administrator may, from time to time, request authority from the Chief Court Administrator to expend additional money from the Probate Court Administration Fund to respond to any matter that could not have been reasonably anticipated in the regular budget process. A copy of all such requests shall be sent to the president judge of the Connecticut Probate Assembly. If the Chief Court Administrator fails to act on the request within twenty-one calendar days of receipt of the request, the request shall be deemed approved.

      (c) The Probate Court Administrator may authorize such expenditures from the Probate Court Administration Fund for emergency purposes as from time to time may be necessary, provided the aggregate amount of such emergency expenditures for any one fiscal year shall not exceed five thousand dollars. A report on each such expenditure shall be sent to the Chief Court Administrator and the president judge of the Connecticut Probate Assembly within ten days after the expenditure is made.

      (P.A. 93-279, S. 5.)

      History: (Revisor's note: In 1995 references to "Probate Administration Fund" were changed editorially by the Revisors to "Probate Court Administration Fund" to conform section to Sec. 45a-82).

      Secs. 45a-85 to 45a-89. Reserved for future use.

PART VI
PROBATE ASSEMBLY

      Sec. 45a-90. (Formerly Sec. 45-24). Connecticut Probate Assembly; meeting; powers and duties. (a) There shall be an assembly of the elected and qualified acting judges of the courts of probate, to be known as the Connecticut Probate Assembly, of which all judges of probate shall be members. The annual meeting of the assembly shall be held on any day in April in the Supreme Court room at Hartford. Other stated or special meetings of the assembly shall be held as provided in its bylaws.

      (b) The assembly shall transact any business which may properly come before its meetings and which pertains to the probate courts, the improvement of and uniformity in their procedure and practice, the administration of justice in the courts of probate and the administration of the assembly. The assembly may make such recommendations to the Probate Court Administrator as it sees fit regarding any or all of these matters. The assembly may adopt bylaws to govern it and its meetings.

      (1949 Rev., S. 6831; 1957, P.A. 651, S. 19; 1967, P.A. 558, S. 21; P.A. 79-286; P.A. 80-476, S. 18.)

      History: 1967 act authorized assembly to transact business pertaining to "administration of justice in the courts of probate and ... of the assembly" and to make recommendations to probate court administrator and deleted provisions re assembly's powers to establish uniform rules, practice and procedure, to clarify and revise state probate laws and to prepare schedule of probate fees; P.A. 79-286 changed annual meeting from "the third Wednesday in January" to "any day in April"; P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-24 transferred to Sec. 45a-90 in 1991.

      Sec. 45a-91. (Formerly Sec. 45-25). Officers and committees. The officers and committees of said assembly and their duties shall be such as may be provided for in its bylaws. Any vacancy occurring in any office shall be filled according to the provisions of the bylaws of said assembly.

      (1949 Rev., S. 6832; 1957, P.A. 651, S. 20; March, 1958, P.A. 27, S. 17; 1967, P.A. 558, S. 22.)

      History: 1967 act deleted provision which made assembly's presiding officer "the chief judge appointed as provided in section 51-4" and further deleted provisions re appointment and compensation of executive secretary and treasurer, appointment and compensation of employees and treasurer's required posting of bond; Sec. 45-25 transferred to Sec. 45a-91 in 1991.

PART VII
PAYMENTS BY OR TO PROBATE JUDGES.
TEMPORARY FUNDING OF PROBATE COURT

      Sec. 45a-92. (Formerly Sec. 45-26). Payments to State Treasurer. (a) Payments to State Treasurer established. Each person who is a judge of probate at any time during any calendar year shall file with the Probate Court Administrator on or before March first of the succeeding year a statement signed under penalty of false statement showing the actual gross receipts and itemized costs of his or her office and the net income for each such calendar year. If such person ceases to hold office, he or she shall also file with the Probate Court Administrator, on or before March first of the second and third years next following, a statement signed under penalty of false statement showing his or her net income from his or her former office for the first and second calendar years next following the calendar year in which he or she ceased to hold office. At the time of filing, each such person shall pay to the State Treasurer as hereinafter provided the sum required by this section, less sums previously paid to the State Treasurer on account. Payment shall be credited by the State Treasurer to the fund established by section 45a-82.

      (b) Payments on behalf of deceased judge of probate. The personal representative of each person who holds the office of judge of probate, at any time during any calendar year, and dies while in office, or within twenty-four months after ceasing to hold office, shall file with the Probate Court Administrator, on or before March first next following such death, a statement signed under penalty of false statement showing the actual gross receipts and itemized costs of the decedent's office for the preceding calendar year and the decedent's net income from that office for such calendar year. The personal representative shall file with the Probate Court Administrator on or before March first of the second year following said death a statement signed under penalty of false statement showing the net income to the decedent's estate from such office for the preceding calendar year.

      (c) Amounts to be paid to State Treasurer. Each judge of probate or personal representative except a judge of probate who is Probate Court Administrator shall at the time of filing such returns pay to the State Treasurer to be credited to the fund established by section 45a-82, a percentage of the annual net income from such office based on the following table in which the percentage appearing in the left column shall first be multiplied by the minimum annual compensation of a high volume court as provided in subsection (k) of this section, as in effect on the first day of July of the calendar year for which an assessment is due pursuant to this section, the product of which shall then be multiplied by the applicable percentage appearing in the right column:

As used herein, "maximum amount" shall mean the amount of annual net income from such office which, when applying the percentage payments set forth above, shall result in the judge of probate retaining as net compensation, after the payment of the above amounts, no more than the product resulting from the multiplication of seventy-two dollars by the annual weighted-workload of the court, as defined by regulations to be adopted by the Probate Court Administrator pursuant to subdivision (3) of subsection (b) of section 45a-77, but not to exceed the compensation of a high volume court as set forth in subsection (k) of this section, provided this limitation shall not apply to those courts described in subsection (k) of this section. Such payment shall be deemed to be a necessary expense of such office but shall not be deductible from the gross income for the purpose of determining net income of such office under this section. Notwithstanding the provisions of this subsection, the annual minimum compensation of a judge of probate shall be no less than the product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined by regulations to be adopted by the Probate Court Administrator pursuant to subdivision (3) of subsection (b) of section 45a-77, or no less than the judge's average compensation for the three-year period from January 1, 1996, to December 31, 1998, but, in no event shall that minimum compensation exceed that provided pursuant to subsection (k) of this section.

      Sec. 45a-93. (Formerly Sec. 45-25a). Payments to probate judges who leave office. If a judge of probate leaves office or dies while in office, the successor to such judge in said office, shall pay to such judge or the personal representative of a deceased judge, a sum representing the accounts receivable for payments due the court in accordance with section 45a-105, as of the date of separation from said office or the date of death in the case of a judge who dies while holding such office. Determination of the basis for such accounts receivable including computation for work in process shall be made in accordance with regulations issued by the Probate Court Administrator. Any payments made to such judge or the personal representative of a deceased judge shall be subject to the provisions of section 45a-92, and no such payments shall be made unless and until the accounts receivable are collected by the successor judge and no such payments shall be made except within the time for filing a statement signed under penalty of false statement showing the actual gross receipts of the itemized costs of the office in accordance with said section 45a-92. There may be deducted from any such amounts by a successor judge the cost of collection thereof, and any expenses directly attributable to the outgoing judge's or deceased judge's term of office paid by the successor judge. In no event shall any such payments exceed the maximums allowable under the provisions of said section 45a-92 in any one calendar year, and in the aggregate in no event shall the total payments payable under this section exceed one hundred per cent of the average final compensation for such judge as defined in subdivision (1) of section 45a-34, except that such allowable maximum payment shall not include any amounts of money due and payable to the judge at the time of separation from the court or at the time of such judge's death for amounts advanced by such judge to the court for operating expenses and not previously repaid, which amounts may be paid to such judge or personal representative upon receipt of satisfactory proof of the existence of balances due.

      (P.A. 87-187, S. 1, 3; P.A. 99-84, S. 13.)

      History: Sec. 45-25a transferred to Sec. 45a-93 in 1991; P.A. 99-84 deleted "sworn" and inserted "signed under penalty of false statement".

      Sec. 45a-94. (Formerly Sec. 45-25b). Temporary funding of probate court. Conditions. Term of loan. Interest. Subject to the approval of the Chief Court Administrator, the Probate Court Administrator may authorize the advance of necessary temporary funding of the operation of a probate court from the Probate Court Administration Fund established under section 45a-82, in the following situations: (1) To meet initial funding needs of the court of a new probate district; (2) to meet interim or transitional funding needs of a court in the case of a change in judgeship of the court due to retirement, resignation, failure of reelection, or death of a judge while in office, or inability of a judge for any reason to perform the duties of the office; or (3) to meet funding needs if a judge of probate certifies under oath that the income of the court is temporarily insufficient to pay necessary and reasonable expenses of the court, and that he or she has used due diligence to obtain sufficient income. Any such temporary funding shall be furnished by the State Treasurer from the Probate Court Administration Fund as a loan to the judge or acting judge evidenced by a note signed by such judge on a form provided by the Probate Court Administrator. Such loan shall be due and payable within one year from the date of such note and shall be subject to and accrue interest on the outstanding unpaid balance as follows: For the first six months such loan is outstanding, there shall be no interest charge; thereafter, simple interest shall accrue at the legal rate under subsection (a) of section 37-1.

      (P.A. 87-187, S. 2, 3.)

      History: Sec. 45-25b transferred to Sec. 45a-94 in 1991.

      Secs. 45a-95 to 45a-97. Reserved for future use.