Sec. 45a-2. (Formerly Sec. 45-1). *(See end of section for amended version and
effective date.) Probate districts. The probate districts of the state, for all purposes for
which they were constituted, shall be as follows:
(a) Hartford County
The district of Hartford, consisting of the town of Hartford.(b) New Haven County
The district of New Haven, consisting of the town of New Haven.(c) New London County
The district of New London, consisting of the towns of New London and Waterford.(d) Fairfield County
The district of Bridgeport, consisting of the town of Bridgeport.(e) Windham County
The district of Windham, consisting of the towns of Windham and Scotland.(f) Litchfield County
The district of Litchfield, consisting of the towns of Litchfield, Kent, Morris and Warren.(g) Middlesex County
The district of Middletown, consisting of the towns of Middletown, Cromwell, Durham and Middlefield.(h) Tolland County
The district of Tolland, consisting of the towns of Tolland and Willington.(i) Litchfield and Hartford Counties
The district of New Hartford, consisting of the towns of New Hartford, Barkhamsted and Hartland.| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
Sec. 45a-2a. Probate district names. Designation. Publication. Not later than
March 31, 2010, the Probate Court Administrator shall designate a name for each probate
district established in section 45a-2. Prior to designating such names, the Probate Court
Administrator may consult with affected probate judges and chief elected officials, and
with members of the General Assembly with respect to the districts they represent. Not
later than December 31, 2010, the Probate Court Administrator shall publish the district
names in the Probate Court's Directory of Judges and Districts. On and after the date
that such district names are published, the probate districts shall be referred to by such
names.
(Sept. Sp. Sess. P.A. 09-1, S. 2.)
History: Sept. Sp. Sess. P.A. 09-1 effective September 25, 2009.
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Sec. 45a-3. (Formerly Sec. 45-1d). (Note: This section is repealed, effective
January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: Sec. 45-1d transferred to Sec. 45a-3 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003;
Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-4. (Formerly Sec. 45-1e). (Note: This section is repealed, effective
January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: Sec. 45-1e transferred to Sec. 45a-4 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003;
Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-5. (Formerly Sec. 45-1f). (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: Sec. 45-1f transferred to Sec. 45a-5 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003;
Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6. (Formerly Sec. 45-1g). (Note: This section is repealed, effective
January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: Sec. 45-1g transferred to Sec. 45a-6 in 1991; P.A. 03-19 made technical changes, effective May 12, 2003;
Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6a. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 03-19 made technical changes, effective May 12, 2003; Sept. Sp. Sess. P.A. 09-1 repealed section, effective
January 5, 2011.
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Sec. 45a-6b. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003; Sept. Sp.
Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6c. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 98-1 effective March 9, 1998; P.A. 03-19 made technical changes, effective May 12, 2003; Sept. Sp.
Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6d. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 02-2 effective February 28, 2002; P.A. 03-19 made a technical change, effective May 12, 2003; Sept.
Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6e. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 02-5 effective March 25, 2002; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6f. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 02-5 effective March 25, 2002; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6g. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 02-5 effective March 25, 2002; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6h. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 02-5 effective March 25, 2002; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6i. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
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; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6j. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 06-2 effective March 15, 2006; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-6k. (Note: This section is repealed, effective January 5, 2011.) 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; Sept. Sp. Sess. P.A. 09-1, S. 4.)
History: P.A. 06-2 effective March 15, 2006; Sept. Sp. Sess. P.A. 09-1 repealed section, effective January 5, 2011.
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Sec. 45a-7a. (Note: This section is effective January 1, 2011.) Probate court to
remit income. Income credited to Probate Court Administration Fund. Each court
of probate shall remit all fees, costs and other income received, including, but not limited
to, moneys received under sections 45a-105 to 45a-112, inclusive, to the State Treasurer
to be credited to the Probate Court Administration Fund under section 45a-82. Expenses
paid by a town pursuant to section 45a-8 shall not be remitted to the Probate Court
Administration Fund.
(P.A. 09-114, S. 10.)
History: P.A. 09-114 effective January 1, 2011.
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Sec. 45a-8b. Extended family guardianship and assisted care pilot program.
Regulations. (a) The Probate Court Administrator shall establish, within available appropriations, an extended family guardianship and assisted care pilot program in the
regional children's probate court for the district of New Haven, established pursuant to
section 45a-8a, for the purpose of reducing the number of children who are placed out
of their communities and in foster care due to abuse and neglect. The program shall be
designed to (1) provide outreach to extended family members and nonrelative caregivers
in the community and appoint such family members or nonrelative caregivers as guardians, (2) seek volunteers to act as assisted care providers to assist guardians in caring
for children, and (3) provide and pay for needed services to assist guardians in meeting
the needs of such children. Under the program, each guardian appointed by the court
shall be eligible to receive a maximum grant of one thousand dollars per child.
(b) The Probate Court Administrator shall adopt regulations, in accordance with
subsection (c) of section 45a-77, to implement the provisions of this section. The regulations shall establish the criteria for (1) becoming a guardian or an assisted care provider
under the program, (2) the awarding of grants pursuant to subsection (a) of this section,
(3) the provision of services pursuant to subsection (a) of this section, and (4) obtaining
and paying for studies from private child-placing agencies in connection with guardianship proceedings.
(June Sp. Sess. P.A. 07-4, S. 6; Sept. Sp. Sess. P.A. 09-7, S. 38.)
History: Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to include nonrelative caregivers in Subdiv. (1), add Subdiv.
(3) re provision and payment of needed services to assist guardians in meeting needs of children and increase maximum
grant amount from $500 to $1,000, amended Subsec. (b) to require regulations to be adopted in accordance with Sec. 45a-77(c) rather than chapter 54 and establish criteria rather than "eligibility" criteria, add Subdiv. (3) re provision of services
pursuant to Subsec. (a) and add Subdiv. (4) re obtaining and paying for studies from private child-placing agencies in
connection with guardianship proceedings and deleted former Subsec. (c) re report on status and effectiveness of pilot
program, effective October 5, 2009.
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Sec. 45a-18. (Formerly Sec. 45-5). Election of judges. Term of office. Clerks.
Judges first elected or with break in service on or after January 5, 2011, to be
members of state bar. (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 or her election.
(c) Each judge of probate, before entering upon his or her duties as a judge of probate, shall be sworn and shall record his or her certificate of election upon the records
of his or her court of probate.
(d) Each judge of probate shall appoint a clerk and may appoint one or more assistant
clerks, each of whom shall be sworn to a faithful performance of such clerk's duties
and shall, when required, give whatever bond the judge deems necessary. Each such
clerk shall continue in office until such clerk resigns, is removed or is superseded.
(e) Each judge of probate elected for a term that begins on or after January 5, 2011,
shall be a member of the bar of the state of Connecticut, except that the requirements
of this subsection shall not apply to any judge of probate who was in office on January
4, 2011, for the period such judge of probate continues to serve as a judge of probate
on and after January 5, 2011, without a break in service.
(1949 Rev., S. 6811; 1953, S. 2895d; P.A. 80-476, S. 8; P.A. 09-114, S. 15.)
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; P.A. 09-114 added Subsec. (e) re judges elected on or after January 5, 2011, to be
member of bar, except for judges in office on January 4, 2011, who continue without a break in service, and made technical
changes.
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Sec. 45a-34. (Formerly Sec. 45-29a). *(See end of section for amended version
and effective date.) 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.)
*Note: On and after January 1, 2011, this section, as amended by section 8 of public
act 09-114, is to read as follows:
"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) with respect to a person employed or who serves prior
to January 1, 2011, 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, and
(B) with respect to a person first employed or who first serves on or after January 1,
2011, a person employed by any probate court for at least one thousand hours per year
or a person who serves at least one thousand 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) "Judge" means a judge of probate, except that, with respect to a judge first
elected for a term beginning on or after January 5, 2011, judge means a person who
holds the office of judge of probate and works in such judge's capacity as a judge of
probate for at least one thousand hours per year as determined pursuant to information
filed by the judge of probate with the Probate Court Administrator pursuant to subsection
(h) of section 5-259;
(6) "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;
(7) "Normal retirement age" means the age of sixty-two for any judge of probate
or any employee;
(8) "Old Age and Survivors System" means the system established under Title II
of the Social Security Act, as amended;
(9) "Pay" means the salary, wages or earnings of an employee, but does not include
any fees or allowances for expenses;
(10) "Retirement Commission" means the State Retirement Commission; and
(11) "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; P.A. 09-114, S. 8.)
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 62 for judge of probate and 65 for employee; P.A. 88-155 redefined
"employee" by changing basis of calculation from 20 hours per week and more than five months per year to 430 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
62 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); P.A. 09-114 redefined "employee" in Subdiv. (3), inserted new Subdiv. (5) to define "judge" and redesignated
existing Subdivs. (5) to (10) as Subdivs. (6) to (11), effective January 1, 2011.
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Sec. 45a-36a. Retirement credit for judge in office on or after October 1, 1997,
whose probate district is merged on or before January 5, 2011, and who is not
reelected. Any judge of probate in office on or after October 1, 1997, whose probate
district is merged with another district on or before January 5, 2011, and who has not
been elected to a term which begins at the time of, or subsequent to, such merger, (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 or her retirement age of not
more than four years pursuant to subsection (a) of section 45a-36, or (3) may elect any
combination of credited service and reduction of retirement age under subdivisions (1)
and (2) of this section, provided such combination shall not exceed four years in total.
A judge of probate may elect to receive credited service or a reduction of retirement
age in accordance with this section at any time once the judge becomes eligible to retire
and receive retirement benefits.
(P.A. 97-87, S. 1; P.A. 98-219, S. 3; P.A. 09-114, S. 9.)
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"; P.A. 09-114 inserted "on or before January 5, 2011" re district merger, provided that
judge may elect to receive credited service or reduction of retirement age at any time once judge is eligible to retire and
receive benefits, and made technical changes.
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Sec. 45a-55. (Formerly Sec. 45-29x). *(See end of section for amended version
and effective date.) 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.)
*Note: On and after January 5, 2011, this section, as amended by section 23 of public
act 09-114, is to read as follows:
"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-93, 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; P.A. 09-114, S. 23.)
History: Sec. 45-29x transferred to Sec. 45a-55 in 1991; P.A. 09-114 substituted "45a-93" for "45a-94" in Subsec. (a),
effective January 5, 2011.
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Sec. 45a-56. (Formerly Sec. 45-29y). *(See end of section for amended version
and effective date.) 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.)
*Note: On and after July 1, 2011, this section, as amended by section 6 of public act
09-114 and section 37 of public act 09-7 of the September special session, is to read as
follows:
"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 funds appropriated to the State Comptroller, for Fringe
Benefits, for Retired State Employees Health Service Cost. 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 funds,
and the remainder of the premium for such coverage shall be paid by the participant.
On July 1, 2011, and monthly thereafter, the State Treasurer shall transfer from the
General Fund to the State Comptroller the amount of premium due for the month pursuant to this subsection, as certified by the State Comptroller.
(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; P.A. 09-114, S. 6; Sept. Sp. Sess. P.A. 09-7, S. 37.)
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 50% of premium for group hospitalization and medical and surgical insurance and requiring
payment of 20% 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 60 days of October 1, 1994; P.A. 05-288 made technical
changes in Subsecs. (b) and (d), effective July 13, 2005; P.A. 09-114 amended Subsec. (c) to replace provision re payment
from retirement fund with provision re payment from funds appropriated to Comptroller, and to provide that on July 1,
2011, and monthly thereafter, State Treasurer shall transfer from the General Fund to Comptroller the amount of premium
due for the month, effective January 1, 2011, and applicable to premiums paid on or after January 1, 2011; Sept. Sp. Sess.
P.A. 09-7 changed effective date of P.A. 09-114, S. 6, from effective January 1, 2011, and applicable to premiums paid
on or after January 1, 2011, to effective July 1, 2011, and applicable to premiums paid on or after that date, effective
October 5, 2009.
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Sec. 45a-77. (Formerly Sec. 45-4d). Powers and duties of Probate Court Administrator. Legislative recommendations. Regulations. Administrator to review
procedures of probate courts. Examination of records and files of each probate
court. (a) The Probate Court Administrator may attend to any matters that the Probate
Court Administrator considers necessary for the efficient operation of the courts of
probate and for the expeditious dispatch and proper conduct of the business of such
courts. The Probate Court Administrator shall administer and enforce the provisions of
this chapter and the regulations issued under this section, and shall ensure performance
of the duties of judges of probate and clerks of the courts of probate in accordance with
the provisions of this chapter and such regulations. 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 and shall enforce regulations,
provided such regulations are approved in accordance with subsection (c) of this section.
Such regulations shall be binding on all courts of probate and shall concern the following
matters for the administration of the probate court system: (A) Auditing, accounting,
statistical, billing, recording, filing and other court procedures; (B) reassignment and
transfer of cases; (C) training of court personnel and continuing education programs for
judges of probate, probate magistrates, attorney probate referees and court personnel;
(D) remitting funds received by the courts of probate under section 45a-7a to the Probate
Court Administration Fund; (E) administering the compensation plan established under
section 45a-85 for employees of the courts of probate; (F) establishing criteria for
staffing levels for the courts of probate for the purposes of subsection (b) of section
45a-85; (G) establishing criteria for the development and approval of miscellaneous
office budgets for the courts of probate for the purposes of subsection (b) of section
45a-85; (H) expending funds from the Probate Court Administration Fund for the purposes set forth in the regulations adopted pursuant to subparagraphs (D) to (G), inclusive,
of this subdivision; and (I) the enforcement of the provisions of this chapter and the
regulations issued pursuant to this section, including, but not limited to, recovery of
expenses associated with any such enforcement, as permitted by such regulations.
(2) The Probate Court Administrator may adopt regulations, in accordance with
chapter 54, provided such regulations are approved in accordance with subdivision (1)
of subsection (c) of this section. Such regulations shall be binding on all courts of probate
and shall concern: (A) The availability of judges; (B) court facilities, personnel and
records; and (C) telephone service.
(c) (1) Either the Probate Court Administrator or the executive committee of the
Connecticut Probate Assembly may propose regulations authorized under subsection
(b) of this section. Any regulation proposed by the Probate Court Administrator shall be
submitted to the executive committee of the Connecticut Probate Assembly for approval.
Any regulation proposed by the executive committee of the Connecticut Probate Assembly shall be submitted to the Probate Court Administrator for approval. If either the
Probate Court Administrator or the executive committee of the Connecticut 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 Connecticut Probate
Assembly, shall either approve the proposed regulation or reject the proposed regulation.
(2) Any proposed new regulation and any change in an existing regulation issued
under this section on or after July 1, 2007, shall be submitted to the joint standing
committee of the General Assembly having cognizance of matters relating to the judiciary for approval or disapproval in its entirety, provided, if more than one proposed
new regulation or change in an existing regulation is submitted at the same time, said
committee shall approve or disapprove all such proposed new regulations and changes
in existing regulations together in their entirety. Unless disapproved by said committee
within ninety days of the date of such submittal, each such regulation shall become
effective on the date specified in such regulation, but not in any event until ninety days
after promulgation.
(d) The Probate Court Administrator shall regularly review the auditing, accounting, statistical, billing, recording, filing, administrative and other procedures of the
courts of probate.
(e) 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 any additional inquiries that the Probate Court Administrator considers 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, regulations issued under this section and the canons of judicial
ethics, and to obtain information concerning the business of the courts of probate which
is necessary for the Probate Court 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; P.A. 07-184, S. 11; P.A. 09-114, S. 1.)
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; P.A. 07-184 amended Subsec. (a) to provide that Probate Court Administrator shall administer and enforce
provisions of chapter and regulations and ensure performance of duties of probate judges and clerks, amended Subsec.
(b)(1) to insert "shall enforce" re regulations, insert Subpara. designators (A) to (D), and insert new provisions as Subparas.
(B), (C) and (D) re reassignment and transfer of cases, training, and enforcement of chapter and regulations, redesignated
existing Subsec. (b)(3) as Subsec. (c)(1), inserted new Subsec. (c)(2) re submission of proposed new regulations, on or
after July 1, 2007, to General Assembly's committee on the judiciary and approval or disapproval by the committee,
redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), and made technical changes, effective July 1, 2007; P.A.
09-114 amended Subsec. (b)(1) to add training re probate magistrates and attorney probate referees in Subpara. (C), add
new Subparas. (D) to (H) re remitting funds, administering compensation plan, establishing criteria for staffing levels and
office budgets and expending funds from Probate Court Administration Fund and redesignate existing Subpara. (D) as
Subpara. (I), and amended Subsec. (b)(2) to insert "subdivision (1)" re Subsec. (c), delete former Subpara. (C) re hours of
court operation and redesignate existing Subpara. (D) as Subpara. (C), effective June 9, 2009.
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Sec. 45a-79c. *(See end of section for amended version of subsection (a) and
effective date.) Court of probate business hours. *(a) A court of probate shall be open
to the public for the conduct of court business not less than twenty hours each week,
Monday through Friday, excluding holidays, on a regular schedule between the hours
of eight o'clock a.m. and five o'clock p.m. The judge of probate of a probate district
may close a court temporarily owing to inclement weather, an emergency or other good
cause. Such judge shall immediately give notice of a temporary closing to the Probate
Court Administrator, together with the reason for such closing and the date and time
when the court will reopen.
(b) The Probate Court Administrator may, for good cause shown, modify the requirements of this section.
(P.A. 07-184, S. 14.)
*Note: On and after January 1, 2011, subsection (a) of this section, as amended by
section 16 of public act 09-114, is to read as follows:
"(a) A court of probate shall be open to the public for the conduct of court business
not less than forty hours each week, Monday through Friday, excluding holidays, on a
regular schedule between the hours of eight o'clock a.m. and five o'clock p.m. The
judge of probate of a probate district may close a court temporarily owing to inclement
weather, an emergency or other good cause. Such judge shall immediately give notice
of a temporary closing to the Probate Court Administrator, together with the reason for
such closing and the date and time when the court will reopen."
(P.A. 07-184, S. 14; P.A. 09-114, S. 16.)
History: P.A. 07-184 effective July 1, 2007; P.A. 09-114 substituted "forty hours" for "twenty hours" in Subsec. (a),
effective January 1, 2011.
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Sec. 45a-82. (Formerly Sec. 45-4h). *(See end of section for amended version
and effective date.) 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.)
*Note: On and after January 1, 2011, this section, as amended by section 2 of public
act 09-114, is to read as follows:
"Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund.
Transfers to retirement fund, General Fund and probate courts. Notice re sound
actuarial basis of retirement fund. Annual accounting. (a) The Probate Court Administration Fund is established, to consist of the amounts provided in this section, to be
paid over to the State Treasurer as provided in this section.
(b) The State Treasurer shall be the custodian of the fund established by this section,
with power to administer it, and to invest and reinvest as much of the 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 the fund established by this section that are 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-85, 45a-90 to 45a-93, inclusive,
45a-98, 45a-99, 45a-105, 45a-119 to 45a-123a, 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 payments authorized in subsections (a) to (e), inclusive, of this
section, 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, the Retirement
Commission shall provide notice to the General Assembly and the Governor, and transfers from the fund established by this section 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 the Retirement Commission shall provide notice to the
General Assembly and the Governor, and transfers from the fund established by this
section 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, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(j) There shall be transferred from time to time from the Probate Court Administration Fund such budgeted amounts as are established in accordance with section 45a-85
or such expenditures as are authorized pursuant to subsection (c) of section 45a-84 for
the proper administration of each court of probate. Notwithstanding any provision of
the general statutes, on June 30, 2011, and annually thereafter, any surplus funds in the
Probate Court Administration Fund shall be transferred to the General Fund."
(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; P.A. 09-114, S. 2.)
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 $15 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; P.A. 09-114 amended Subsec. (c) to reference Secs. 45a-85 and 45a-123a, amended Subsec.
(g) to require Retirement Commission to provide notice to General Assembly and Governor re sound actuarial basis of
fund, amended Subsec. (i) to add Governor to list of those receiving accounting, substantially revised Subsec. (j) and
deleted former Subsecs. (k) and (l) to replace provisions re financial assistance for probate courts with provisions re
budgeted amounts to be transferred to each court for proper administration of such court and surplus funds to be transferred
to General Fund, and made technical changes, effective January 1, 2011.
| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
Sec. 45a-84. * (See end of section for amended version and effective date.) 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.)
*Note: On and after January 1, 2011, this section, as amended by section 3 of public
act 09-114, is to read as follows:
"Sec. 45a-84. Probate Court Administrator to prepare proposed budget annually. Review by Probate Assembly. Proposed final budget transmitted to Chief
Court Administrator for approval. Requests and authorization re additional expenditures. Report re emergency expenditures. (a)(1) 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 proposed budget shall reflect all costs related to the
office of the Probate Court Administrator and the operation of the courts of probate,
including, but not limited to, compensation, group hospitalization and medical and surgical insurance plans and retirement benefits for probate judges and employees. Expenditures in the proposed budget shall not exceed anticipated available funds.
(2) The Probate Court Administrator shall submit the proposed budget to the executive committee of the Connecticut Probate Assembly for review. The executive committee shall return the proposed budget to the Probate Court Administrator not 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. If an expenditure under this subsection exceeds ten thousand dollars, the
Probate Court Administrator shall send a report on the expenditure 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; P.A. 09-114, S. 3.)
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); P.A. 09-114 inserted Subdiv. designators (1)
and (2) in Subsec. (a), amended Subsec. (a)(1) to require proposed budget to reflect all costs related to office of administrator
and operation of courts of probate, including compensation, insurance and retirement benefits, and provide that expenditures
in proposed budget not exceed anticipated available funds, amended Subsec. (c) to replace provision re $5,000 limit on
emergency expenditures with requirement that administrator send report on expenditures that exceed $10,000, and made
technical changes, effective January 1, 2011.
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Sec. 45a-85. Probate Court Budget Committee. Duties. Reports. (a) The Probate Court Administrator shall establish a Probate Court Budget Committee consisting
of the Probate Court Administrator and two judges of probate appointed by the Connecticut Probate Assembly. The Probate Court Administrator shall serve as chairperson of
the committee.
(b) Not later than June 30, 2010, and annually thereafter, the committee shall establish, in accordance with the criteria established in regulations issued pursuant to subsection (b) of section 45a-77: (1) A compensation plan, which plan shall include employee
benefits, for employees of the courts of probate, (2) staffing levels for each court of
probate, and (3) a miscellaneous office budget for each court of probate. Such compensation plan, staffing levels and office budgets shall be established within the expenditures
and anticipated available funds in the proposed budget established pursuant to section
45a-84.
(c) Not later than June 30, 2010, and annually thereafter, the Probate Court Budget
Committee shall report to the Governor and the General Assembly, after consultation
with the Office of the Chief Court Administrator and the Secretary of the Office of
Policy and Management, on the committee's efforts to reduce costs and any potential
cost saving measures resulting from probate court mergers effective on or after June 9,
2009. Such report shall be submitted in accordance with section 11-4a.
(P.A. 09-114, S. 11.)
History: P.A. 09-114 effective June 9, 2009.
| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
Sec. 45a-90. (Formerly Sec. 45-24). Connecticut Probate Assembly. Meetings.
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.
(c) Any probate magistrate or attorney probate referee appointed pursuant to section
45a-123a may attend any annual or special meeting of the assembly or any educational
program of the assembly, but shall have no vote in any decision of the assembly.
(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; P.A. 09-114, S. 20.)
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;
P.A. 09-114 added Subsec. (c) re attendance of probate magistrates and attorney probate referees at meetings of assembly.
| (Return to Chapter Table of Contents) | (Return to List of Chapters) | (Return to List of Titles) |
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 April 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 April 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 the 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:
| First 20% of the compensation assessment rate of a high volume court | $1 nominal |
| Next 6.67% | 5% |
| Next 6.66% | 10% |
| Next 6.67% | 15% |
| Next 6.67% | 25% |
| Next 6.66% | 35% |
| Next 13.34% | 50% |
| Next 33.33% | 75% |
| Next 33.67% | 80% |
| Next 66.67% | 85% |
| Next 133.33% | 95% |
| Excess over 333.67%, up to the maximum amount computed at 97.5%
by the Probate Court Administrator All over the maximum amount computed at 100% by the Probate Court Administrator. | |
As used in this subsection, "maximum amount" means 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 in regulations
issued by the Probate Court Administrator pursuant to subdivision (1) 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 in regulations issued
by the Probate Court Administrator pursuant to subdivision (1) 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.
(d) Payments by Probate Court Administrator. (1) Any judge of probate who
is the Probate Court Administrator shall pay to the State Treasurer, to be credited to
said fund, one hundred per cent of the annual net income from his office during the
period of time he serves as Probate Court Administrator. (2) For the purposes of this
assessment, fees received after but earned before his appointment as Probate Court
Administrator shall be subject to the assessment set forth in the table in this section.
Fees received after such judge of probate ceases to be the Probate Court Administrator
but earned during his term as Probate Court Administrator shall be paid in full to the
State Treasurer after the deduction of the expenses of his office. (3) The books and
records of any judge of probate acting as Probate Court Administrator shall be audited
by the Auditors of Public Accounts at the beginning of his term as Probate Court Administrator and thereafter at least annually during his term as Probate Court Administrator
and upon completion of his term as Probate Court Administrator or as judge of probate
whichever occurs first. (4) A judge of probate who is Probate Court Administrator shall
make no expenditure in his court for salaries, equipment, or any other expenditure exceeding the sum of one hundred dollars in the aggregate, annually, without first having
obtained the approval of the Chief Court Administrator.
(e) Estimate of annual net income. (1) On or before January thirty-first of each
year, each person required to make payment under this section shall estimate such annual
net income and shall advise the Probate Court Administrator thereof, upon such forms
and pursuant to such regulations as said administrator shall promulgate. (2) Each person
who takes office as a judge of probate after February first of any calendar year, as the
result of death, retirement, resignation or removal of the immediately previous incumbent of that office, shall file his estimate of annual net income with the Probate Court
Administrator and shall make the necessary payment to the State Treasurer in accordance
therewith not later than sixty days after taking office.
(f) Payments to State Treasurer. If, based upon such estimate, the amount payable
shall be less than one hundred dollars, the payment thereof shall be made in one payment
on or before December thirty-first of the applicable year. Otherwise, the amount payable
shall be made in four substantially equal installments payable on or before the last day
of March, June, September and December of the applicable year, except that in the case
of an estimate filed pursuant to subdivision (2) of subsection (e) of this section, the
amount payable under such estimate shall be made in substantially equal installments
on such installment payment dates next following the timely filing of such estimate in
such year. The estimated payment may be amended and changed at any time during the
year in which it is payable by increasing or decreasing the amount. The amount of such
increase or decrease shall be paid for or adjusted in the installment or payment due at
the time the estimated assessment is next payable after such amendment. The Probate
Court Administrator may issue regulations pursuant to subdivision (1) of subsection (b)
of section 45a-77 to carry out the intent of this subsection.
(g) Report of income. Upon the completion of each calendar year, and in any event
on or before the first day of April of the succeeding calendar year, each person required
to make payment under this section shall make a report signed under penalty of false
statement to the Probate Court Administrator, upon forms prescribed by and subject to
regulations promulgated by the administrator, of the following: (1) The gross income
received by virtue of such office; (2) actual expenses incurred in connection with the
office; (3) the net income of such office prior to the payment of the assessment installments hereinbefore provided; (4) the amount paid during the preceding calendar year
to the State Treasurer on account of the foregoing estimate; and (5) the amount of the
difference, if any, between the amount so paid and the amount actually due. This report
shall be open to public inspection.
(h) Deficiency and overpayment. If the amount already paid was less than the
amount due, such person shall, on or before March first of the succeeding calendar year,
pay to the State Treasurer the entire deficiency. If the amount already paid was more
than the amount due, such person shall either, at his election and pursuant to regulations
promulgated by the State Treasurer, be entitled to a refund of such excess payment to
be paid from the fund provided by section 45a-82, or a credit in the amount of the
overpayment to be charged against the future obligations of such person to said fund.
(i) Penalty for deficiency. (1) If any estimated quarterly payments required to be
paid pursuant to subsection (f) of this section are less than one-fourth of seventy per
cent of the total assessment due for that year or less than one-fourth of ninety-five per
cent of the assessment paid for the prior year, such person shall be obligated to pay to
such fund a penalty of ten per cent of the amount of the deficiency, except that the
Probate Court Administrator may waive such penalty for cause in accordance with regulations issued pursuant to subdivision (1) of subsection (b) of section 45a-77. Any such
penalty shall become payable upon demand by the Probate Court Administrator, and
be due within thirty days after such demand, in accordance with regulations issued by
the Probate Court Administrator, and shall be subject to interest under subdivision (2)
of this subsection in the event of default in such payment. (2) Any payments required
under subsection (f) or (h) of this section which are not paid at the applicable times
prescribed in said subsections, and any penalty payment required under subdivision (1)
of this subsection which is not timely paid, shall incur simple interest at the rate applicable under section 12-376 for delinquent payment of succession and transfer taxes where
no extension has been granted, to be payable to the State Treasurer and to be added to
the fund established under section 45a-82. Any alleged delinquency of a judge of probate
in making payments as required under this section shall be referred by the State Treasurer
to the Attorney General for such action as the Attorney General deems necessary.
(j) Calculation of expenses; net operating loss. (1) As used in this subsection and
subsections (c) to (i), inclusive, of this section, for any calendar year, the term "actual
expenses incurred in connection therewith" may include as an allowable deduction the
amount of any net operating loss for a prior calendar year as provided in this section.
(2) The term "net operating loss" means the excess of itemized costs and expenses of
office allowed by this section over the gross income. A net operating loss may be deducted in the calendar year following the year in which the net operating loss occurred,
but (A) if the net income of such subsequent year is not sufficient to pay all of such net
operating loss, then the balance of such net operating loss may be deducted in the second
calendar year following such net operating loss; and (B) if the net income of such second
calendar year is not sufficient to pay all of the remaining net operating loss, then the
balance of such net operating loss may be deducted in the third calendar year following
such net operating loss. In no event shall any such net operating loss or part thereof be
deductible for any report beyond the third calendar year in which it occurred.
(k) Compensation of judges in high volume courts. Notwithstanding the provisions of subsection (c) of this section concerning percentage payments, a judge of probate who is the judge in a court of probate designated as a high volume court shall be
permitted to retain as net compensation, before the payment of any amounts due under
sections 45a-34 to 45a-54, inclusive, and 45a-75, the sum which shall be the greater of
(1) the net compensation resulting from the application of the percentages in subsection
(c) of this section or (2) compensation earned after payment of actual expenses of the
office not to exceed seventy-five per cent of the amount of the salary of a Superior Court
judge as determined in accordance with subsection (a) of section 51-47 as determined
on July first of the calendar year for which the assessments are being paid pursuant to
this section. If a judge of probate of a high volume court leaves office during a calendar
year, or if a judge of probate of a high volume court assumes office and serves during
a portion of the calendar year, the minimum net compensation provided in this section
shall be prorated in accordance with the number of days served during the calendar year
as the numerator, and three hundred and sixty-five as the denominator, provided if the
business of the court in a calendar year does not produce sufficient income with which
to pay the minimum net compensation, then payment for that year shall not be extended
to subsequent calendar years. For the purposes of this subsection, "high volume court"
shall mean a court of probate which serves a district having an estimated population of
seventy thousand or more persons as reported in the State Register and Manual for the
calendar year immediately preceding (A) the year for which the judge was elected, (B)
the year in which such judge was elected, or (C) any year of the term of office of such
judge. The amount of assessment payable to the State Treasurer under this section shall
be reduced by the amount necessary to provide to the judge the minimum compensation
to which such judge is entitled under this section, and the estimates of annual net income
required in subsections (e) and (f) of this section may be reduced accordingly. Minimum
compensation as provided herein shall only be payable if all ordinary and necessary
expenses of the court are paid.
(l) Applicability. This section applies only to income received by the courts of
probate prior to January 5, 2011.
(1949 Rev., S. 6833; 1967, P.A. 558, S. 23; 1969, P.A. 528, S. 1; 1971, P.A. 278, S. 1; 1972, P.A. 281, S. 41; P.A. 73-365, S. 4; P.A. 74-94, S. 3, 5; P.A. 75-229; P.A. 77-576, S. 64, 65; P.A. 80-418, S. 1, 2; 80-476, S. 19; P.A. 81-472, S.
146, 147, 159; P.A. 84-24; 84-51, S. 1, 2; 84-546, S. 162, 173; P.A. 85-196; 85-613, S. 133, 154; P.A. 87-503, S. 1, 2;
P.A. 88-215; P.A. 92-118, S. 3; P.A. 97-90, S. 2; P.A. 98-219, S. 1, 34; P.A. 99-84, S. 11, 12; P.A. 00-76, S. 2; 00-196, S.
26; P.A. 07-184, S. 9, 15-17; P.A. 09-114, S. 4.)
History: 1967 act amended provisions to distinguish between payments made on or before March 1, 1968, and those
made each year after that date and revised table, adding 78% level and revising 100% level accordingly; 1969 act divided
section into Subsecs., clarified provisions with regard to required filings and payments made in first and second years after
judge ceases to hold office and required filings and payments made by representative of deceased judge, added provision
re successor's filing of annual net income estimate and raised penalty for underestimated payments from 9% to 10% of
amount of deficiency and interest on late payments from 6% to 9% per annum; 1971 act deleted provision for monthly
installments where amount payable exceeds $1,200, added exception re amendment of estimated payments and corresponding adjustment in installments, and changed basis for ineligibility for renomination or election from failure to make payments within 30 days of due date to April deadline or 60 days after any objection to report has been resolved and allowed
exception to ineligibility rule if majority of chief court administrator, probate court administrator and attorney general
concur; 1972 act changed basis for 68% and 78% levels in Subsec. (c) table, revising 100% level accordingly; P.A. 73-365 deleted former provisions re ineligibility for renomination or election and inserted provision which required that
alleged delinquency be referred to attorney general for action; P.A. 74-94 added provisions in Subsec. (c) specifically
applicable to probate court administrator's payments, audits of his books and records and expenditures; P.A. 75-229 added
Subsec. (d); P.A. 77-576 changed 78% level, revising 100% level accordingly; P.A. 80-418 revised table in Subsec. (c) re
"maximum amount", defined in that Subsec.; P.A. 80-476 reorganized Subsecs. and rephrased provisions but made no
substantive changes; P.A. 81-472 added Subsec. (e)(2), containing language removed from Subsec. (f) and placed in (e);
P.A. 84-24 amended Subsec. (i) increasing rate of interest on delinquent payments from 9% to 18%; P.A. 84-51 amended
Subsec. (c) by revising table and percentage levels and made technical changes in provisions re salary of superior court
judge, including deleting obsolete provisions; P.A. 84-546 changed effective date of P.A. 84-51 from January 1, 1984, to
April 25, 1984, with applicability to income received during calendar years commencing on or after January 1, 1984; P.A.
85-196 amended Subsec. (f) adding exception for payments under estimates filed pursuant to Subsec. (e)(2) of this section;
and amended Subsec. (i) adding provision re payment of penalty and interest in event of default of payment; P.A. 85-613
made technical change; P.A. 87-503 added Subsec. (k) re minimum compensation of judge of probate who is judge of
probate court designated as a high volume court; P.A. 88-215 amended Subsec. (k) by changing population figure used in
determination of high volume court from 100,000 to 70,000 people; Sec. 45-26 transferred to Sec. 45a-92 in 1991; P.A.
92-118 amended Subsec. (k) by adding phrase "or if a judge of probate of a high volume court assumes office and serves
during a portion of the calendar year" in provision re prorating compensation; P.A. 97-90 amended Subsec. (f) re authority
of Probate Court Administrator to adopt regulations to carry out intent of Subsec. (f), amended Subsec. (i) re estimated
payments required to be paid and added provision re waiver of penalty by Probate Court Administrator and amended Subsec.
(k) re year for determining "high volume court"; P.A. 98-219 amended Subsec. (c) by revising method of computation of
percentage of annual net income payable to State Treasurer by probate judge, effective January 1, 1999; P.A. 99-84 amended
Subsecs. (a), (b) and (g) by deleting "sworn" and inserting "signed under penalty of false statement"; P.A. 00-76 amended
Subsec. (g) by deleting "March" and inserting "April"; P.A. 00-196 amended Subsec. (c) by changing "333.33%" to
"333.67%" and making technical changes; P.A. 07-184 amended Subsec. (a) to substitute "April first" for "March first"
and, effective July 1, 2007, made technical changes in Subsecs. (c), (f) and (i); P.A. 09-114 added Subsec. (l) re applicability
to income received prior to January 5, 2011, effective June 9, 2009.
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Sec. 45a-93. (Formerly Sec. 45-25a). Payments to probate judges who leave
office or die while in office. Exceptions. (a) 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 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 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.
(b) (1) Except as provided in subdivision (2) of this subsection, the provisions of
subsection (a) of this section shall apply to any judge in office on or before January
4, 2011.
(2) The provisions of subsection (a) of this section shall not apply to a judge who
is first elected on or after January 5, 2011, or who resumes office after a break in service
on or after January 5, 2011.
(c) On and after January 5, 2011, any payments due a judge under subsection (a)
of this section shall be paid from the Probate Court Administration Fund.
(P.A. 87-187, S. 1, 3; P.A. 99-84, S. 13; P.A. 09-114, S. 5.)
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"; P.A. 09-114 designated existing provisions as Subsec. (a), made technical changes therein, added
Subsec. (b) re applicability of Subsec. (a) and added Subsec. (c) re payments to be paid from Probate Court Administration
Fund on and after January 5, 2011, effective June 9, 2009.
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Sec. 45a-94. (Formerly Sec. 45-25b). (Note: This section is repealed, effective
January 5, 2011.) 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; P.A. 09-114, S. 25.)
History: Sec. 45-25b transferred to Sec. 45a-94 in 1991; P.A. 09-114 repealed section, effective January 5, 2011.
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Sec. 45a-95. (Note: This section is effective January 5, 2011.) Compensation
of probate judges on and after January 5, 2011: Definitions. As used in this section
and section 45a-95a:
(1) "Band 1 probate district" means a probate district that has a population of less
than forty thousand, except a probate district that has a population of less than forty
thousand with an annual weighted-workload of at least three thousand, but less than
four thousand one hundred, which constitutes a band 2 probate district.
(2) "Band 2 probate district" means a probate district that has a population of at
least forty thousand but less than fifty thousand, except that a probate district with less
than forty thousand with an annual weighted-workload of at least three thousand, but
less than four thousand one hundred, shall be a band 2 probate district.
(3) "Band 3 probate district" means a probate district that has a population of at
least fifty thousand but less than sixty thousand, except that a probate district with less
than fifty thousand with an annual weighted-workload of at least four thousand one
hundred, but less than four thousand nine hundred, shall be a band 3 probate district.
(4) "Band 4 probate district" means a probate district that has a population of sixty
thousand or more, except that a probate district with less than sixty thousand with an
annual weighted-workload of at least four thousand nine hundred, shall be a band 4
probate district.
(5) "Population" means the annual population estimate by the Department of Public
Health for each city or town as of October first of the immediately preceding calendar year.
(6) "Annual weighted-workload" means the annual weighted-workload for the immediately preceding fiscal year as defined in regulations issued by the Probate Court
Administrator pursuant to subdivision (1) of subsection (b) of section 45a-77.
(P.A. 09-114, S. 12.)
History: P.A. 09-114 effective January 5, 2011.
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Sec. 45a-95a. (Note: This section is effective January 5, 2011.) Compensation
of probate judges on and after January 5, 2011. (a) Notwithstanding any provision
of this title concerning compensation for judges of probate, and subject to the provisions
of subsections (b) and (c) of this section, for any calendar year, compensation for judges
of probate shall be determined as follows:
(1) A judge of probate who serves a band 1 probate district shall receive annual
compensation equal to forty-five per cent of the compensation of a judge of the Superior
Court as set forth in subsection (a) of section 51-47.
(2) A judge of probate who serves a band 2 probate district shall receive annual
compensation equal to fifty-five per cent of the compensation of a judge of the Superior
Court as set forth in subsection (a) of section 51-47.
(3) A judge of probate who serves a band 3 probate district shall receive annual
compensation equal to sixty-five per cent of the compensation of a judge of the Superior
Court as set forth in subsection (a) of section 51-47.
(4) A judge of probate who serves a band 4 probate district shall receive annual
compensation equal to seventy-five per cent of the compensation of a judge of the Superior Court as set forth in subsection (a) of section 51-47.
(b) Notwithstanding the provisions of subsection (a) of this section, no judge of
probate in office on January 4, 2011, may, for the term of office beginning January 5,
2011, and ending January 6, 2015, receive compensation under subsection (a) of this
section that is less than eighty per cent of the average annual compensation for the judge
of probate during the three-year period from January 1, 2008, to December 31, 2010,
inclusive. The provisions of this subsection shall not apply to the compensation of a
judge of probate whose district results from a merger that becomes effective on January
5, 2011, or to any person first elected to serve as a judge of probate for a term beginning
on or after January 5, 2011.
(c) For any calendar year, compensation of any judge of probate who assumes office
or ceases to hold office during such calendar year shall be determined by multiplying
the judge's annual compensation determined in accordance with subsections (a) and (b)
of this section by a fraction with the number of days served during the calendar year as
the numerator of the fraction and three hundred sixty-five as the denominator of the
fraction.
(P.A. 09-114, S. 13.)
History: P.A. 09-114 effective January 5, 2011.
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